Matrimonial Property Regime Changes

In terms of the South African Law, there are only two types of marital regimes:

• In community of property
• Out of community of property (with or without application of the accrual system)

When a couple does not enter into an antenuptial agreement prior to their marriage, they will automatically be married in community of property.

The Matrimonial Property Act allows any couple to apply to the High Court for the amendment of their matrimonial property regime. 

However, the following requirements need to be met before any changes can be made to the matrimonial regime:

• The couple should have a valid reason for their proposed changes to their matrimonial regime.
• A notice of their intention to change must be given to the Registrar of Deeds and should be published in the Government Gazette and two local newspapers, two weeks prior to the date on which the application will be heard.
• The notarial contract that the parties propose to register must be drafted and annexed to their application.
• The proposed changes should not be prejudice toward any other person.
• The rights of creditors have to be preserved.
• The application must contain information about the parties' assets and liabilities.

Once the court is satisfied that the requirements have been met, it will make an order stating that the existing matrimonial property regime no longer applies.

The court will then authorise the change in the couple's matrimonial property regime.

Van Deventer and Van Deventer Incorporated

If you and your spouse feel the need to change your matrimonial property regime, contact our attorneys at Van Deventer and Van Deventer Incorporated, who will ensure that the process is expedited as smoothly as possible.
 

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