In order to change your marital property system, both you and your spouse have to apply to the High Court on notice of the Registrar of Deeds and all known creditors, to be granted leave to sign a Notarial Contract, which will regulate your new marital property system.
Is it possible to change a marriage contract in South Africa?
Although by law you are not allowed execute an antenuptial contract after marriage, the good news is that it is possible to change your matrimonial property regime from in community of property to out of community of property by registration of a Postnuptial Contract by virtue of s 21(1) of the Matrimonial Property Act …
How much does it cost to change a marriage contract in South Africa?
As this process requires an application to the High Court, be aware that it can cost between R15 000 and R30 000 in legal fees, depending on the complexity of the matter, keeping in mind that when drawing up your Postnuptial Contract, you and your spouse will need to agree on a division of assets.
Can an antenuptial contract be changed?
Amendment of the Antenuptial Contract
It happens from time to time that a married couple have an antenuptial contract that they signed when they got married and now want to have it amended. It can only be amended if stamped by a Notary and both parties are in agreement on the terms of the amendments.
How do I change my marital status in South Africa?
You can also sms the letter M followed by your ID number (example: M 5001010050080) to 32551 A reply sms will be sent back to your cellphone to confirm your marital status and the date of your marriage. (R1 per sms and will be charged by your network service provider).
How long does it take to change marital status?
It’s supposed to take three months to amend your marital status from the time Home Affairs receives your divorce certificate, but many people have waited for longer than a year for the amendment.
Can you amend a prenuptial agreement after marriage?
Can You Ever Change or Amend a Prenup After Marriage? A prenuptial agreement can always be changed after the fact. To amend or change any prenup, both parties must agree to the changes. The changes must be made in writing and signed by both parties to be effective.
How do I change my civil marriage to customary marriage in South Africa?
You cannot convert a civil marriage into a customary marriage, but spouses married according to civil law can, if they so wish, have a customary wedding. If this happens, civil law and not customary law will apply.
Can you get an antenuptial contract after marriage?
It is possible to enter into an Antenuptial Contract after marriage – this is called a Postnuptial Contract.
What is marriage out of community of property without accrual?
Marriages out of community of property without the accrual
In this system, when couples marry each spouse keeps a separate estate and whatever assets and liabilities they individually had before the marriage form part of their separate estates.
How do I cancel my antenuptial agreement?
The amending deed will be given an antenuptial contract number by the deeds registry concerned. If, after executing an antenuptial contract, the parties decide not to proceed with the marriage, it can also be cancelled by the court on application (Cross v Gardner 1914 CPD 355; Ex parte Holm 16 SC 351).
How can I change my marriage?
Here are 25 tips that will change your marriage:
- (1) Make time for your marriage each and every day. …
- (2) Let go of comparison and embrace your unique marriage. …
- (3) Even when marriage becomes a test, you can grow closer together. …
- (4) Remembering why you said “I do” can strengthen and renew your marriage.
Can you change your marriage license?
IMPORTANT! You may NOT amend the marriage license AFTER it has been issued in order to add or to change the name you wish to use after marriage. The name you indicate on the application will be the name that is put on the marriage license and certificate; it cannot be changed by the County Clerk.
How do I get a letter of no impediment in South Africa?
You can apply at the SA High Commission office for a certificate of no impediment in South Africa. You will need to fill in the required form and pay the required fee. It can take up 6 months for you to receive your certificate of no impediment.
How do you check if you are still married?
Birth, death, marriage and divorce records are typically managed and made available at the local county clerk’s office where the event took place. States will also often have a department of health that can provide access to older vital records.
How do I become a South African citizen by marriage?
You can apply for South African citizenship through naturalization if you have held a permanent residence permit for at least five years if you have married a South African, or you are a minor under 21 years with a permanent residence.