Change your Matrimonial Property Regime and Protect your Assets
The default matrimonial property system in South Africa is that of In Community of Property. What this entails is that you and your spouse created a single estate. If you unfortunately divorce, or one of you pass away, then the estate would have to be equally divided. There are also other legal consequences for a marriage In Community of Property. For example, you require your spouse’s consent for certain legal acts, and the joint estate gets sequestrated, and not your individual estate.
Various types of marital regimes
There are various types of marital regimes in South Africa. The default system would be that of In Community of Property. Then there is a marital regime where couples are married Out of Community of Property and loss, where the accrual system applies or is expressly excluded. This is provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984. You must be satisfied that you choose one that would work for both of you.
Change your matrimonial property system?
It is important that you know which marital regime would best suit your marriage. If, however you feel there is a need for a change of your marital regime, we can advise you on the process. Basically, you need to obtain the consent of the High Court to change it. You would also have to notify your creditors, and obtain a report from the registrar of Deeds. If all goes well and no creditors object, the High Court should give consent. Then you enter into a post-nuptial contract. which should be registered within three months.
A legal consultation with us in relation to changing your matrimonial property regime may include:
- Advice on how to change your matrimonial property regime; and
- The law on changing your matrimonial property regime; and
- A referral to a competent legal practitioner to attend to your application for a change to your matrimonial property system.
If you require, or interested in obtaining legal advice on changing your matrimonial property regime, or in search of further information about changing your marital regime regime, feel free to set up a consultation by completing the appointment form below.
Costs of a legal advice consultation
The cost of a legal advice consultation is R 800 – 00 for 40 minutes or for part thereof. Click here to view the terms and conditions.
There are 2 ways you can use to setup a legal advice consultation with us.
- Complete the appointment form below, and we shall contact you to confirm the appointment once payment has been made;
- Give us a call on 021 424 3487, and our friendly receptionist would set up the appointment.
After you made the appointment, you may make a secure payment for the consultation by clicking on this link to make payment. You would receive a R 50 – 00 discount for making your advance payment securely online. We make use of secure online payments processing via Payfast through of Private Legal Account. Take advantage of this offer. We are looking forward to being of service to you.