Our expert says:
Family law expert
You would need to approach the High Court by way of an application. An attorney will draft a Notice of Motion and Founding Affidavit (your affidavit outlining your case etc.). Your affidavit must satisfy the Court that:
there are sound reasons for the proposed change of the matrimonial property regime;
there has been sufficient notice to creditors regarding the proposed change;
no other person will be prejudiced by the proposed change.
If however you cannot make a case for the above, your application may be unsuccessful.
Costs involved in changing your matrimonial property regime
There would be costs of an attorney who may instruct and advocate, and further costs in drafting and registration of the post nuptial contract. Furthermore there is advertising cost involved and you would have to give notice in the Government Gazette and in one or two local newspapers. The application must alse be served on the Registrar of Deeds and give notice to your creditors via registered mail. The total costs may range from R 15 000 – 00 should your matter be straight forward to R 20 000 – 00 should it be more complicated.
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