Change your marital status to a different type of marriage contract:
According to Section 21(1) of the Matrimonial Property Act, a husband and wife may jointly apply to the court for leave to amend the matrimonial property system that applies to their marriage.
The act specifies the following prerequisites for the parties to amend their marriage property system:
The proposed modification must be supported by compelling arguments.
According to South African law, parties who intend to marry outside of the community of property must first sign into an Antenuptial contract before the marriage ceremony can take place. They are automatically married in a community of property if they do not do so.
Of course, many people are ignorant of this option and should be able to persuade the court that it should amend their matrimonial property system if it was their express desire to marry outside of the community of property.
All creditors of the spouses must be given adequate notice of the intended change.
The Act requires that notice of the parties’ intention to change their matrimonial property regime be given to the Registrar of Deeds, published in the Government Gazette and two local newspapers at least two weeks before the date on which the Application will be heard, and certified mailed to all known creditors of the spouses.
Furthermore, the draft Notarial contract that the parties intend to register must be attached to their Application.
The judge must be satisfied that the proposed change will not harm anyone else.
The court must be satisfied that the parties’ creditors’ rights must be preserved in the proposed contract, so the application must include enough information about the parties’ assets and liabilities for the court to determine whether there are good reasons for the proposed change and whether any particular person will be harmed by it.
Once the court is satisfied that the requirements have been met, it may order that the existing matrimonial property system no longer apply to their marriage and authorize them to enter into a Notarial contract regulating their future matrimonial property system on such terms as the court deems appropriate.
The decision of Lourens et Uxor 1986 (2) SA 291 (C) establishes rules that the courts appeared to have largely observed regarding applications under section 21(1) of the Matrimonial Property Act No. 88 of 1984.
How can I get Home Affairs to confirm my marital status?
You can check your status with a document assistance service.
However, if your status cannot be verified and must be processed by the South African Department of Home Affairs’ head office, expect lengthy delays.
Remember that no certificate is granted to certify a person’s status with the Department of Home Affairs. Formal proof is only available with the required certificate, such as divorced status verified with a divorce decree, single status verified with a Letter of No Impediment, and so on.
How long does it take Home Affairs to change your marital status?
within six weeks of the day on which they first learned of the marriage
How much does it cost in South Africa to modify a marriage contract?
You will also be required to supply information about your minor children, assets and liabilities, job, and a complete list of all existing creditors. Because this procedure necessitates an application to the High Court, expect to pay roughly R15 000 in legal fees.
