|Conversion from Community
of Property to Ante Nuptial Contract R9500
By virtue of Section 21 of the matrimonial
Property Act, parties to a marriage may amend their marital
regime from Community of property to Ante Nuptial Contract.
This is done by application to the
High court and, if granted, typically allows the parties
a month to register the new Ante Nuptial Contract with
the Deeds Office.
It is usual to have such a change approved
subject to the new Ante Nuptial Contract being made without
prejudice to the rights of existing creditors. Simply
put, new creditors will not be able to rely on the Community
of Property but existing creditors would still have an
action against both parties under the previous community
of property system.
The courts will want to be convinced
of three elements before granting the opportunity to amend
the marital regime: (a) there are sound reasons for the
proposed change; (b) sufficient notice of the proposed
change has been given to all the creditors of the spouses
and (c) no other person will be prejudiced by the proposed
If you wish to have us make application
to convert your marital regime for R9 500.00, please Contact