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How to get a prenup AFTER marriage

An antenuptial contract is more often than not set up before a couple is married.  Without one being set up prior to marriage, a couple is automatically married in community of property, meaning all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share (think: what’s yours is mine).

However, it is possible, after being married in community of property, to change to another form of marriage contract.

So, what will it take?

The Matrimonial Property Act states that should a husband and wife wish to change the matrimonial property system which applies to their marriage, they are to apply jointly to court to do so.

In order for the couple to change their matrimonial property system, they must meet the following requirements:

  1. Notice of the intention to change the matrimonial property regime must be given to the Registrar of Deeds, published in the Government Gazette and two local newspapers at least two weeks prior to the date on which the application will be heard and must be given by certified post to all the known creditors of the spouses.
  2. The court must then be satisfied that no other person will be prejudiced by the proposed change. The court must be satisfied that the rights of creditors of the parties must be preserved in the proposed contract so the application must contain sufficient information about the parties’ assets and liabilities to enable the court to ascertain whether or not there are sound reasons for the proposed change and whether or not any particular person will be prejudiced by the change.

This is an expensive and timeous process that requires solid grounds for wanting to switch to an antenuptial contract and should therefore not be taken lightly.

Your best bet is to be sure of the legality and your desires in a marriage before tying the knot.

References:

Postnuptial Registration of Antenuptial Contracts