Can I change my marital regime?

Yes, you can. According to Section 21 of the Matrimonial Property Act 88 of 1984 and confirmed by the case of Lourens et Uxor 1986 (2) SA 291 (c), spouses may change their marital regime. For example, from in community of property to out of community of property without accrual etc, and this is irrespective of whether these spouses are married in or out of community of property.

However, this can only be done on joint application to the High Court. The requirements that must be met:

1. Notice of the application must be given to the Registrar of Deeds in terms of Section 97(1) of the Deeds Registries Act 47 of 1937.
2. The draft notarial contract must be attached to the application documents
3. There must be good reason for the proposed change
4. The application must be fully and properly motivated in the application documents
5. Sufficient information regarding the assets, liabilities and creditors of the spouses must be set out in the application documents
6. If either of the applicants have been sequestrated in the past, this should be disclosed in the application. Further, the case name of any rehabilitation application must be included
7. All the creditors of both the spouses must be given timeous notice (2 weeks minimum) of the application
8. If there are any legal proceedings concerning a creditor of either or both of the spouses, this must be disclosed in the application
9. The High Court must be satisfied that the change in marital regime will not negatively affect any third parties.

This application is expensive and timeous, and thus, it is advisable that before you tie the knot – you go and see your attorney and ensure that you get married under a regime that most adequately suits you and your future spouses needs.