Cape Town Legal Correspondents

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Debt Collections

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Civil Litigation

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Divorce & Family Law

Divorce & Family Law

Contact Us on 021 422 4963 / [email protected]


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.



No such thing as common-law marriage

There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.

Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.

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Posted by Jacques Haynes on Wednesday, February 27, 2019 Views: 3252



Till death do us part – the effect your marriage regime has on estate planning

When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.

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Posted by Jacques Haynes on Thursday, January 31, 2019 Views: 3583



Customary Marriages and Community of Property

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as a marriage in terms of the Act. 

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Posted by Jacques Haynes on Friday, May 5, 2017 Views: 4931