Getting married out of community, with or without the accrual system? Our experienced team of attorneys specialize in prenuptial and postnuptial agreements, providing legal protection and financial planning for your marriage. Secure your assets and ensure peace of mind in your marriage.
Getting Married? (or your children getting married?)
Give some thought to which marital regime will be most suited for your circumstances. An antenuptial contract is crucial in governing your assets upon death or divorce. We offer the following solutions:
- Assistance and advice in the selection of your marital regime or type of antenuptial contract
- Drafting of your antenuptial contract and attending to the registration of the contract
Changing from In Community of Property
The Matrimonial Property Act provides that a husband and wife may apply jointly to the High Court for leave to amend their matrimonial property regime if the following requirements are met:
- There must be sound reasons for the proposed change.
- Notice of the intention to change must be given to the Registrar of Deeds, must be published in the Government Gazette and two local newspapers at least two weeks prior to the date on which the application will be heard, and must be given by certified post to all known creditors.
- The draft notarial contract, which the parties propose to register, must also be annexed to their application.
- No other person will be prejudiced by the proposed change.
- The rights of creditors must be preserved in the proposed contract.
- The application must contain sufficient information about the parties’ assets and liabilities to enable the court to ascertain whether or not there are sound reasons for the proposed change and whether or not any particular person will be prejudiced by the change.
When the court is satisfied that the requirements have been met, it will order that the existing matrimonial property regime no longer applies to the marriage and authorise the couple to enter into an ANC by which their future matrimonial property regime will be regulated. Note that such an application is expensive. Section 21(1) of the Matrimonial Property Act 88 of 1984 provides that spouses may apply jointly to court for consent to vary the matrimonial property system which applies to their marriage.