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How to Change Your Marriage Contract
Parties who wish to marry out of community of property must enter into an Antenuptial contract before they get married. If they don’t, they must apply to court to change their marriage type. Find out how you can apply to the court for a change of matrimonial property arrangement.
Postnuptial Registration of Antenuptial Contracts
Are you married in community of property and want to change to another form of marriage contract?
What is a matrimonial property system?”
There are three matrimonial property regimes:
Why would you want to change your matrimonial property system?
If I am married in community of property, is it possible to change to another form of marriage contract? Or can I change my matrimonial system from one subject to the accrual system to one excluding that system (or vice versa)?
What are the requirements for changing your matrimonial property system?
To change their matrimonial property regime, Section 21(1) of the Matrimonial Property Act mentions the following: – There must be sound reasons for the proposed change. – Sufficient notice of the proposed change must be given to all creditors of the spouses. – The court must be satisfied that no other person will be prejudiced by the proposed change.
What will the court order be?
Once the court is satisfied that the requirements have been met, it will authorize the parties to enter into a Notarial contract regulating their changed future matrimonial property type.
The procedure and cost of the application.
The application process is costly because the parties need to get permission from the High Court to sign a Notarial Contract that will change their matrimonial property system. They also have to notify the Registrar of Deeds and all their known creditors and publish their intention in an English and Afrikaans newspaper and the Government Gazette. The Notarial Contract will become effective after registration in the Deeds Office.
If you need professional assistance with changing your matrimonial property system in South Africa, contact Roy Bregman.
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