- A matrimonial regime can be changed through a formal court application.
- The process can become a trial if the application is opposed.
- Couples should obtain professional legal advice before deciding to change their matrimonial regime.
We had a very interesting matter that can be of interest to many married couples. The application we did was for a change of matrimonial regime.
This means a couple we represented decided to move their marriage from in community of property to an antenuptial contract.
The change of a matrimonial regime is a serious matter. You cannot change your matrimonial regime in a tavern with your bros or around a wood fire with your uncles. A change of a matrimonial regime is a full-blown court application in which a trial can be held if it is opposed.
Legal advice is essential
We dealt with that part. To those who were advised that “the two shall become one”, referring to assets and liabilities, you can be assisted to move your matrimonial regime in any direction, subject to the guidance of your legal adviser.
Kindly note that this article is not legal advice on the advantages and disadvantages of matrimonial regimes. Equally, it is not intended to discuss which one is best or not best.
If you want advice, get an attorney and pay R2,000 for a one-hour consultation to receive proper advice. You can also invite an advocate, then add R3,500 for an advocate.
In short, you can change your matrimonial regime with the assistance of legal practitioners in court.
I was briefed by MBC Attorneys. The boss lady of MBC Attorneys is Charmaine Maila, the lady in the photo.
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