
Question:
Is it possible to change the way you are married? I was married in community of property but after six months, I think an ante-nuptial contract with accrual would have been a better option. If it is possible, how do you go about doing it and what are the costs? Who would you recommend to do this?
Answer
Married people can go to the High Court and ask the court to change the way the way they were married.
In other words, you can ask the court to change your marriage from a marriage in community of property to one out of community of property, or the other way around.
Both husband and wife must apply together, and you must show the court good reasons why you want to change the way you were married. The longer you wait before applying to change your marriage, the less the court is likely to allow you to change, unless you have very good reasons.
Changing a marriage contract is quite a process and can cost R10 000 or more. Maybe you should consider what you are trying to achieve and look at using other legal agreements, like trusts, to protect you and your spouse. If you own a business and are looking to protect your assets you should consider a business trust. All of these things can be achieved by a trust attorney and a lawyer who specialises in family law.