Description

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. I 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 and individual estate.

Types of marital regimes in South Africa.

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. 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 postnuptial contract. which should be registered within three months. Click on this link for a comprehensive article on changing your matrimonial property regime.

Our Services

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 to change your matrimonial property system.