Can you amend an ante-nuptial contract after it is registered?

Trish Du Pre Le Roux is equipped to deal with a multitude of law related matters in which counsel and the correct procedures are followed in accordance with the High Courts.

Parties can change their matrimonial property regime by means of a High Court application. Once the order is granted, the parties will then sign a post-nuptial contract which will then be registered in the Deeds Office.

An ante-nuptial is a contract which is an agreement entered into between two parties before their marriage. This contract stipulates a variety of terms and conditions, which usually relate to the division of assets in the event of death or divorce.

The Ante-Nuptial agreement should be registered in the Deeds Office within 3 months of the date of marriage. It is possible to change the matrimonial property regime from Community of Property to out of Community of Property. This should be in accordance and virtue of section 21 of the Matrimonial Property Act, once the Court looks at the validity of reasons and intentions of the application.

A few benefits associated with an ante-nuptial agreement include the protection of insolvency from the insolvent spouse, so as to prevent getting married in Community of Property as well as retaining individual financial identity and independence.

Contact Trish De Pre Le Roux for more information.