Notarial Practice
Professional notarial services by a qualified notary public, handled with precision and care.
Notarial Practice
Notarial work is a specialised area of practice that requires strict formal compliance, careful drafting and a clear understanding of the legal effect of the document being signed or registered. A notarial document is not merely a formal paper. In many cases, it creates, records, confirms or authenticates rights and obligations of legal importance.
At Spence Attorneys, we provide notarial services in a professional and careful manner. We assist with a range of notarial documents and formalities, including antenuptial contracts, notarial deeds, servitudes, authentication and certification where a notary is required.
Because notarial work often has long-term legal consequences, it is important that the document is drafted correctly and that the surrounding legal context is properly understood. Clients sometimes approach a notary after signing informal documents elsewhere or after acting too late. In many cases, earlier advice could have avoided difficulty.
Understanding the Services
The terms notarisation, attestation, apostille, authentication and legalisation are often used loosely and interchangeably, but they refer to distinct processes with different requirements and legal effects. Understanding the difference reduces cost, delay and error.
Notarisation
Notarisation involves a person signing a document in front of a notary public. The notary witnesses the signature, confirms the identity of the signatory, and certifies the fact of signature by affixing their stamp and signature to the document. The person signing must appear in person. We do not offer virtual or remote notarisation.
Certification of Copies
Certification by a notary involves the notary comparing a copy of a document against the original and certifying that the copy is a true and accurate copy of the original. The original document must be presented for inspection. Photocopies, scans and digital files cannot be certified.
Attestation
Attestation involves the notary verifying and certifying the existence or authenticity of an original document. Charges for attestation may apply per page and per person involved. The nature of the attestation required will depend on the document type and its intended use.
Apostille
An apostille is a specific form of authentication issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Convention). It is issued by a competent authority and certifies the authenticity of a public document for use in another country that is also a party to the Convention.
In South Africa, apostilles for public documents are issued either by the High Court (the Registrar) or, in certain instances, by the Department of International Relations and Cooperation (DIRCO). The route depends on the nature of the document.
Authentication and Legalisation
Authentication and legalisation is the process used where the destination country is not a signatory to the Hague Apostille Convention. It is a multi-step process that typically involves the notarisation or certification of the document, followed by authentication by DIRCO, followed by legalisation by the relevant foreign consulate or embassy.
This process is generally more time-consuming and costly than an apostille. The exact requirements vary by country and receiving institution.
Document vs Page - an important distinction
One document is not the same as one page. A document is a distinct instrument - for example, a power of attorney, a degree certificate, or a company resolution. A document may contain many pages. When requesting a quote, please count each separate document and the total number of pages within all documents separately. Charges for certain services are calculated per page, per document, or per signatory - or a combination of these.
We do not certify, attest or notarise laminated documents, photocopies, scans, PDFs or digital files. Original hard-copy documents are required unless we have confirmed otherwise in writing after reviewing your specific circumstances.
Our services include
- Antenuptial contracts
- Notarial servitudes
- Notarial cessions and related deeds
- Authentication and certification where a notary is required
- Preparation and execution of notarial documents
- Advice on whether a document should be notarised
- Selected property-related and commercial notarial work
When to get advice
Advice should be obtained before signing any document intended to have notarial effect, and before marriage where an antenuptial contract is required. Timing is critical in many notarial matters. Acting too late may mean that the required result can no longer be achieved.
Why clients instruct Spence Attorneys
Clients instruct our firm because notarial work must be handled precisely. We take care to explain the legal purpose of the document, ensure the requirements are met and attend to execution properly.
Antenuptial contracts
An antenuptial contract must be signed before the marriage and registered at the Deeds Office within three months. It is the only way to marry out of community of property. We advise on the options and draft the contract precisely.
ANC process explainerDisclaimer and important notices
Information provided on this page is general in nature and does not constitute legal advice. No attorney-client relationship is created by reason of reading or enquiring through this website.
Any online quote generated by the notarial quote tool is provisional only. Final fees can only be confirmed once we have reviewed the actual documents, the circumstances of the matter, and the specific requirements of the receiving authority or institution.
Requirements imposed by foreign authorities, government departments, and receiving institutions are beyond the control of Spence Attorneys. Requirements may change without notice. Clients are responsible for confirming and verifying the requirements of the relevant authority before instructing.
Turnaround times quoted are estimates only. Where external departments such as DIRCO, Home Affairs, the Master of the High Court, or foreign consulates and embassies are involved, the firm does not control processing times and accepts no responsibility for delays caused by those entities.
Spence Attorneys does not attend to letters of no impediment.
Clients are responsible for providing accurate and complete information. Providing incomplete or incorrect information may result in additional work, delay or the need to redo documents at the client's cost.
Frequently asked questions
What is the role of a notary public?
A notary public is an admitted and qualified practitioner authorised to prepare, attest and certify certain classes of documents. Not all attorneys are notaries. A notary's authentication or certification carries specific legal weight in South Africa and in many foreign jurisdictions.
When must an antenuptial contract be signed?
It must be signed before the marriage is concluded and then registered at the Deeds Office within three months of the date of execution. There is no grace period. Failure to execute or register in time means the marriage will be in community of property by default.
Does every important document need to be notarised?
No. Only certain documents require notarisation. Others may require ordinary signature, witnessing, or different formalities depending on their purpose and the jurisdiction in which they will be used. We advise on the correct formality before proceeding.
Is a document the same as a page?
No. A document is a distinct instrument or item - for example, a degree certificate or a power of attorney. A document may contain several pages. Where charges are calculated per page, each page within each document is counted. Please count your documents and pages separately when requesting a quote.
What is the difference between an apostille and legalisation?
An apostille is a form of authentication used for documents intended for use in countries that are signatories to the Hague Apostille Convention. Legalisation (sometimes called authentication) is a different and generally more complex process used for countries that are not party to the Convention, typically involving both the Department of International Relations and Cooperation (DIRCO) and the relevant foreign consulate or embassy. The correct process depends on the destination country. We do not make this determination without reviewing the documents and the specific requirements of the receiving authority.
Can I obtain an apostille for any document?
Not necessarily. The apostille process applies to specific categories of public documents. A private document may first need to be notarised before it can receive an apostille. The correct sequence depends on the nature of the document and the requirements of the receiving country or institution.
What does DIRCO do and why may it cause delays?
The Department of International Relations and Cooperation (DIRCO) is responsible for issuing apostilles for certain categories of documents and for processing legalisation matters. DIRCO is an external government department. Its processing times are outside our control and can vary significantly. Clients are advised to allow adequate time and not to rely on estimated turnaround times for travel, immigration, or other time-critical purposes.
Do you assist with letters of no impediment?
No. Spence Attorneys does not attend to letters of no impediment.
Can a servitude be created without a notary?
Certain rights affecting land require notarial execution and registration to be effective in the required form. Whether a notarial deed is required depends on the nature of the right and the circumstances.
Do you assist with documents for use abroad?
We assist with certain notarial and authentication steps for documents intended for use in foreign jurisdictions, depending on the nature of the document and the destination country. We advise on the correct process after reviewing the documents and the specific requirements of the receiving authority.