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Question
Posted by: Jaws | 2005/07/05

In Community of Property

Have my own house for the past 11 years. Recently got married COP and found out that Antineptual must be done through the lawyers not in church. I'm told that if I want to change marriage contract it could be a hassle. Please advise.

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Our expert says:
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All contracts are matters for the law, not the church

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Our users say:
Posted by: Need advice | 2005/07/05

We are married COP and now separated. When I moved out I took all MY belongings (which I had before we got married). I know it belongs to both of us, what I wana know is will I be able to keep it when we get divorced and go for division of estates or will we have to share everything equally. My idea is that he can keep the house and the rest of the stuff and I keep what was brought by me. And what about what I have now after the seperation?

Reply to Need advice
Posted by: lerita | 2005/07/05

Speaking from a legal point of view. The only way to change it to out of community, is to see a lawyer. A court date will be arrange and a document will be presented. The document will state that you as a couple are not insolvent or becoming insolvent or were the past 2 years insolvent etc. Also reason for changing.

The whole procedure will cost R 3000.00. It was actually better before you married to sign the contract for out of community because that would have cost you only R 250.00 with an attorney

Reply to lerita
Posted by: Deubel | 2005/07/05

The only way to get out of COP is to get divorced, set up antineptual contract and marry again. Surprisingly few wifes are prepared to take the chance!

Reply to Deubel
Posted by: Joanne E | 2005/07/05

Yip, it is ante nuptual, which basically means "before marriage" and can only be done through a lawyer.

Reply to Joanne E

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