In every marriage, partners need to be constantly communicating and coming to agreements about what’s best for them. That is especially true when it comes to something as important as deciding how you will own property, manage your earnings and raise children in the event that you divorce. These details are all part of what is known as your marital regime. This is essentially the rules that govern your marriage in the unfortunate scenario that you and your partner can no longer continue being spouses. There are several different types of marriage contracts such as marriage in community of property, marriage out of community of property and marriage with accrual. With that in mind, here’s what you need to know about changing your marital regime.
Can I change my marriage contract after marriage?
Your marriage contract contains detailed outlines that govern your marriage in the unfortunate scenario that you and your partner can no longer continue being spouses. There are several different types of marital regimes, and which one you choose can have serious consequences later on. Couples are automatically considered to be married in community of property once they wed without signing an ante-nuptial contract. Being married in community of property has a number of undesirable repercussions, and people usually become aware of them only after they are married.
The good news is that you can change from marriage in community of property to out of community of property should the high court deem your application successful.
How do you change your regime?
To change your marriage contract from in community of property to out of community of property, the matter will have to be taken to the high court. Several steps must be taken in order for your application to run smoothly and certain requirements need to be met in order for the application to be considered.
This process can be long and pricy so its always recommended to get a trusted attorney to assist you with these proceedings.
Once the court is convinced that the requirements have been met, it will declare that the matrimonial property regime currently in place is no longer in effect for the couple and allow them to sign a notarized contract outlining their future matrimonial property regime.
