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Antenuptial Contracts, Prenup, Postnuptial Contract
CHANGE YOUR MATRIMONIAL PROPERTY REGIME FROM IN COMMUNITY OF PROPERTY TO OUT OF COMMUNITY OF PROPERTY...
Should you not execute an antenuptial contract prior to marriage, in terms of South African law, you are deemed to be married In Community of Property.
While you cannot execute an 'antenuptial' contract after your date of marriage, it is possible to change your matrimonial property regime from "in" to "out" of community of property by registration of a Post-nuptial Contract in terms of Section 21(1) of the Matrimonial Property Act. The effects of the contracts are the same; however, the procedure is different.
The procedure involves a joint application to the High Court by the husband and wife, requesting the Court to grant the parties leave to sign a Notarial Contract (having the effect of a postnuptial contract), which after registration will regulate their matrimonial property system.
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