Quick Answer: Can you change your marriage contract in South Africa?

Although by law you are not allowed execute an antenuptial contract after marriage, the good news is that it is possible to change your matrimonial property regime from in community of property to out of community of property by registration of a Postnuptial Contract by virtue of s 21(1) of the Matrimonial Property Act …

How do I change my marital status in South Africa?

In order to change your marital property system, both you and your spouse have to apply to the High Court on notice of the Registrar of Deeds and all known creditors, to be granted leave to sign a Notarial Contract, which will regulate your new marital property system.

How long does it take to change marital status?

It’s supposed to take three months to amend your marital status from the time Home Affairs receives your divorce certificate, but many people have waited for longer than a year for the amendment.

IT IS INTERESTING:  Frequent question: Does everybody in South Africa speak English?

Can you amend an antenuptial contract?

Amendment of the Antenuptial Contract. It happens from time to time that a married couple have an antenuptial contract that they signed when they got married and now want to have it amended. It can only be amended if stamped by a Notary and both parties are in agreement on the terms of the amendments.

How do I change my civil marriage to customary marriage in South Africa?

You cannot convert a civil marriage into a customary marriage, but spouses married according to civil law can, if they so wish, have a customary wedding. If this happens, civil law and not customary law will apply.

Can you change your marriage status?

Although by law you are not allowed execute an antenuptial contract after marriage, the good news is that it is possible to change your matrimonial property regime from in community of property to out of community of property by registration of a Postnuptial Contract by virtue of s 21(1) of the Matrimonial Property Act …

Is Home Affairs open during lockdown?

At the beginning of the pandemic and the subsequent lockdown, certain Home Affairs services were suspended in order to reduce the number of people who visited our offices. … As the lockdown levels were relaxed, we incrementally reinstated services until 01 October 2020 when we went into lockdown Alert Level 1.

How can I check if I’m still married?

You can go to the courthouse in the county where the divorce was filed and check to see if the matter was ever finalized. If it was a long time ago, you should call the court to have the file pulled out of archives.

IT IS INTERESTING:  Why did Portugal colonize South Africa?

How much is marriage certificate at home affairs?

Two witnesses and the marriage officer must sign the marriage register after the solemnisation of a marriage. Then the marriage officer must issue the parties with a handwritten marriage certificate (BI-27) free of charge.

How long does it take to change surname at Home Affairs after divorce?

Take your divorce certificate to Home Affairs and ask them to amend your marital status. This normally takes three months to change. A woman may revert to her maiden surname or a prior surname she legally bore, or may join her surname with that of her ex-husband’s as a double-barrelled surname.

Can an antenuptial contract be Cancelled?

Once an antenuptial contract has been registered in the Deeds Office and confirmed by your marriage, it cannot be changed inter partes (between the parties) informally. The contract can only be amended if both spouses bring an application in the High Court in terms of section 21 of the Matrimonial Property Act of 1984.

What is the purpose of an antenuptial contract?

An antenuptial agreement is entered into where couples do not want to get married in community of property and is concluded before marriage. An antenuptial agreement might be especially important for someone who already has assets like a business, or family obligations like children from a previous marriage.

What is the difference between prenuptial and Antenuptial?

An Antenuptial contract is an agreement entered into between two parties prior to their marriage and is often referred to as a “prenuptial”. … If you do not enter into a valid notarized Antenuptial contract prior to your marriage, you are automatically married in Community of Property.

IT IS INTERESTING:  Quick Answer: Is Israel on the African tectonic plate?

What is the difference between civil marriage and customary marriage?

What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

What happens if customary marriage is not registered?

The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.

How long does a divorce take in South Africa?

This process is for simple and uncontested cases. These include when a couple has only been married a short time or where there are no disputes. This kind of divorce can conclude in just four to six weeks.

Hai Afrika!