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A notary is an attorney with an extra qualification who drafts and certifies certain documents that the law requires to be notarial, such as antenuptial contracts and long leases. This guide explains what notaries do, when you need one, and how documents are prepared for use overseas.
Last reviewed 17 October 2026 by the CallMyLawyer editorial team. How we research.
In South Africa, a notary public is an admitted attorney who has passed a separate notarial examination and has been admitted and enrolled as a notary by the High Court. Admission and enrolment are regulated by the Legal Practice Act 28 of 2014, and notaries fall under the Legal Practice Council like other attorneys.
A notary's role is to draw up, attest and keep certain formal documents. A document executed before a notary is called a notarial deed. The notary keeps the original in a protocol, which is a permanent record, and gives the parties certified copies.
A notary is not the same as a commissioner of oaths. A commissioner of oaths, such as a police officer or many bank and post office officials, can certify copies and take affidavits. A notary handles a narrower set of documents that need a higher level of formality, and is often needed for documents going overseas.
Antenuptial contracts are the most common notarial document. If a couple wants to marry out of community of property, they must sign an antenuptial contract before a notary before the wedding. Under section 87 of the Deeds Registries Act 47 of 1937, a contract signed in South Africa must then be registered in a deeds registry within three months of signing, unless a court extends the period.
If a couple marries without a registered antenuptial contract, they are married in community of property. Changing the system after the wedding requires an application to the High Court under section 21 of the Matrimonial Property Act 88 of 1984, and the new contract is then executed and registered as a postnuptial contract.
Other notarial deeds include long leases of land (generally leases of ten years or longer, which must be registered to bind third parties), servitudes such as rights of way, notarial bonds over movable property, and certain deeds relating to mineral rights and sectional title schemes.
Some documents do not have to be notarial by law, but parties choose to have them notarised to add certainty, for example certain trust deeds or important agreements.
Notaries also prepare notarial certificates. These are formal statements, signed and sealed by the notary, that confirm facts such as the identity of a person who signed a document, that a copy matches the original, or that a company exists and who is authorised to act for it. Foreign banks, registries and courts often ask for them.
An ordinary contract is valid once the parties sign it, and the parties keep their own copies. A notarial deed is signed in front of the notary, who confirms the identity of the parties and that they understand what they are signing. The notary then keeps the signed original permanently.
Because the original stays in the notary's protocol, a lost copy is not a crisis. The notary can issue a new certified copy at any time, and certified copies of a notarial deed carry more weight as evidence than an ordinary photocopy.
Where a deed must be registered, such as an antenuptial contract, long lease, servitude or notarial bond, it is lodged in the deeds registry for the area where the land is situated, or in the case of antenuptial contracts in any deeds registry. Registration puts the world on notice of the rights in the deed, which is why a registered lease or servitude can bind a new owner of the land.
If a notarial deed has to be changed later, the parties usually sign an amending deed before a notary. For some deeds, such as a servitude, the change must also be registered before it takes effect against third parties.
Many foreign authorities require South African documents to be authenticated before they will accept them. Countries that belong to the Hague Apostille Convention accept an apostille, which is a standard certificate that confirms the signature on the document is genuine.
According to the Department of International Relations and Cooperation (DIRCO), DIRCO issues apostilles for original public documents such as Home Affairs certificates and police clearance certificates. Private documents, such as powers of attorney, affidavits, contracts and copies of documents, must first be signed or certified before a notary. The Registrar of the High Court then verifies the notary's signature and issues the apostille.
For countries that are not part of the Apostille Convention, the High Court authenticates the document and DIRCO then authenticates it further, after which the foreign embassy may need to legalise it.
DIRCO states that its legalisation services are free. The notary and High Court may charge their own fees, and requirements differ between countries, so it is worth confirming with the receiving authority exactly what form of authentication it wants.
An antenuptial contract sets out the property system that will apply to the marriage. The two main options are out of community of property with the accrual system, and out of community of property without accrual.
With accrual, which applies automatically under the Matrimonial Property Act unless it is excluded, each spouse keeps their own estate during the marriage. When the marriage ends, the growth in each estate is compared, and the spouse whose estate grew less can claim half of the difference. Assets can be excluded from the calculation, such as an inheritance or a business owned before the marriage.
Without accrual, each spouse keeps their own assets and there is no sharing of growth. However, a 2023 Constitutional Court judgment means a court can now consider redistributing assets in these marriages on divorce in some circumstances, so the protection is not absolute.
A notary will usually ask each spouse to declare the net value of their estate at the start of the marriage, because this is used in the accrual calculation later. Couples should both understand the contract before signing, and either can take separate advice.
Step 1: Contact a notary well before the wedding date, because the contract must be signed before the marriage takes place.
Step 2: Discuss whether you want accrual or no accrual, and list any assets you want to exclude.
Step 3: Provide copies of both IDs and your contact details. The notary prepares a draft for you to review.
Step 4: Both of you sign the contract in front of the notary, along with two witnesses.
Step 5: The notary lodges the contract at the deeds registry, which must happen within three months of signing.
Step 6: Keep the registered copy safe, and give a copy to the marriage officer if asked.
Ask whether the document must be notarial by law or whether notarisation is optional, and whether it needs to be registered in a deeds registry afterwards.
For documents going abroad, ask which country it is for, whether that country uses apostilles, and whether a sworn translation is needed. Ask how long the High Court and DIRCO steps usually take in your area.
Ask for the total cost in writing, including the notary's fee, registration costs at the deeds office and any courier or High Court charges.
Notaries usually charge a fixed fee per document, such as an antenuptial contract or a notarial certificate, with registration and deeds office fees added as disbursements. More complex deeds, such as servitudes or notarial bonds, may be charged by reference to the value involved or by time spent. Professional fee guidelines published by the legal profession are not binding, so fees vary between firms. Ask for a written quote that lists the fee, VAT and disbursements separately.
A commissioner of oaths can certify copies and take affidavits, and many officials are commissioners by virtue of their job. A notary is an attorney admitted by the High Court with an extra qualification, who drafts and attests formal documents such as antenuptial contracts and certifies documents for use abroad.
Not in the ordinary way. Once you are married without one, you are married in community of property. Changing that requires an application to the High Court under section 21 of the Matrimonial Property Act, followed by a registered postnuptial contract.
Registration at the deeds registry often takes a few weeks. By law under section 87 of the Deeds Registries Act, a contract signed in South Africa must be registered within three months of signing unless a court extends the period.
Public documents such as Home Affairs certificates are apostilled by DIRCO. Private documents are signed or certified before a notary, and the High Court then verifies the notary's signature and issues the apostille.
No. Only attorneys who have passed the notarial examination and been admitted and enrolled as notaries by the High Court can perform notarial acts.
This guide explains how the law generally works and is not legal advice. Speak to an attorney about your own matter.
