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Changing your Marital Regime

Parties who want to change their marital regime need to know that it is a rather expensive application, it must be done through the High Court and there are strict requirements.

The following requirements need to be met:

  • Notice of intention to change your marital regime must be given to:
  • The Registrar of Deeds
  • Published in the Government Gazette two weeks before the date of hearing
  • Published in two local newspapers two weeks before the date of hearing
  • Sent via registered post to all creditors of both parties

The Notice published needs to clearly specify the date on which the application will be heard. It needs to identify the steps someone who wishes to object to the change needs to take as well as where the draft notarial contract can be inspected.

  • No other person must be prejudiced by the change in the marital regime. This includes the fact that each creditor’s rights must be preserved in terms of the proposed change
  • Attached to the Notice of Motion must be a founding affidavit deposed to by the parties wanting to change their marital regime. This affidavit needs to contain sound reasons for the proposed change. In order for the court to ascertain whether there are sound reasons, the parties need to list their assets and liabilities.
  • The parties also need to annex a draft notarial contract to their application.
     

If the court is satisfied that the parties have met the above requirements they will allow the parties to change their marital regime. The couple will then enter into a notarial contract in order to regulate their future matrimonial property regime.

Bailey Haynes Inc. – Your Attorneys in Cape Town

As stipulated above, this type of application is rather expensive. Therefore in order to avoid the need arising it is best to consult with an attorney before getting married.

Contact Bailey Haynes Inc. - one of our attorneys in Cape Town will be able to provide you with sufficient information regarding the various matrimonial property regimes and which will be best for your circumstances.

 

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