Change of Matrimonial Property System

If spouses are already married, but married according to the undesired matrimonial property system, they may jointly apply to the High Court for leave to change the matrimonial property system which applies to their marriage.

The matrimonial property system may be changed from any system to another.

The requirements for such an application are as follows:

There must be sound reasons for the proposed change;

Sufficient notice of the proposed change must be given to all the creditors of the spouses; and

No other person will be prejudiced by the proposed change.

If the High Court is satisfied that the above requirements were met, it will order that the matrimonial property system shall no longer apply to the spouses marriage and authorise them to enter into a postnuptial contract by which their future matrimonial property system will be regulated.

The change of a matrimonial property system can be finalized whiten three months.


M A MALAN ATTORNEYS – THE MARRIAGE LAW SPECIALISTS will be pleased to assist you with the change of your matrimonial property system!

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