If so, you and your spouse need to make a joint ex parte application to court in terms of section 21(1) of the Matrimonial Property Act, 1984 to ask the court for leave to change your matrimonial property regime.

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The ex parte application consists of a notice of motion, founding affidavit and confirmatory affidavit.

Notice will have to be given to:
The Registrar of Deeds; and
All your and your spouse’s creditors.

In addition:
Notice has to be published in the Government Gazette and a local newspaper.

A supplementary affidavit is filed showing proof of the various notices.

Should leave be granted, you and your spouse will be authorised to register a postnuptial contract.

The process is expensive and it can take a few months for your case to be heard depending on the court roll.

Contact us today. Upon confirmation of our mandate and fee arrangement, we will start the process by sending you our Change of Matrimonial Property Regime form. This form is to be completed by you and your spouse and will ensure that we save time and costs.

Let us help you.