In terms of section 87(1) and (2) of the Deeds Registries Act 47 of 1937

“An ante-nuptial contract executed in the Republic shall be attested by a Notary and shall be registered in a deeds registry within three months after the date of its execution and within six months after the execution if executed outside the Republic or within such extended period as the court may on application allow”

In the High Court of Mpumalanga , G.J.C v S.M.C (2023) ZAM PMBHC 15

The court had to decide whether the Ante-nuptial Contract entered into between the parties is null and void and therefore unenforceable (as the defendant counter-claims) or if the ante-nuptial contract must be rectified to reflect the parties true intention (as the Plaintiff claims).

The court held that “the antenuptial contract properly reflects the clear intention of the parties when the antenuptial contract was concluded and they considered themselves bound to its terms through the entire existence of the marriage. In addition, for these reasons also, the antenuptial is not open for rectification for, despite its deficiencies, it reflects the true intention of the parties”.

If an antenuptial contract is not registered in accordance with the provisions of section 87 of the Deeds Registries Act, the contract will be valid and binding between the parties but will not be enforceable against third parties.

Own emphasis: I will give you a piece of advice, never make a decision when you are too happy or too sad and secondly if you enter into an antenuptial contract always keep in mind the possibility of a divorce.