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 change.
  • If you wish to have us make application to convert your marital regime for R9 500.00, please Contact us
 

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