Prior to the date of marriage, the parties are allowed to modify or even revoke the antenuptial agreement. To make the changes effective, a notarial deed needs to be executed and registered in the deeds registry. After the contract has been fully registered and the marriage has been confirmed, it cannot be altered inter partes.
However, if both of parties provide valid reasons, the High Court can grant an order to amend or rectify the contract to reflect the true intentions of the parties. All other parties must also agree to the rectification. This will come at a cost. Article 4(1)(b) of the Deeds Registries Act also allows for an amendment to fix errors in the antenuptial contract. For example, an error in the name of a party, date of birth, identification number, property description, and life insurance policy can be rectified in this manner.
Amendment to rectify an error
An amendment to rectify an error in the antenuptial contract can be done by means of an application to the registrar of deeds in terms of Article 4(1)(b) of the Deeds Registries act
Examples of errors that can be rectified in this manner are:
- An error in the name of a party;
- An error in the date of birth of a party;
- An error in the identity number of a party;
- An error in the property description in a donation clause; and
- An error in the number of the life insurance policy to be ceded.
The conditions of the antenuptial contract cannot be amended by deleting or adding any other conditions to the contract.
