If you are interested in changing your matrimonial property regime you will need to clearly understand how the process works and where to get professional assistance. There are several different ways to alter the matrimonial property regime that you and your spouse have. It is, however, important to understand why you are changing the regime, what you hope to achieve by it and what your options are.
Getting professional assistance from a trained professional is always a good idea and will definitely help you in the process of changing the regime and will also help you to feel reassured that you are covering all of your bases and doing things correctly.
If you are married in community of property, why should you change your matrimonial property regime?
If you are married to your spouse in community of property, it means that all of your assets are conjoined and belong to both of you equally. This means that if one of you were to die the assets would most likely be frozen while officials work through documents and investigate the estate.
It also means that if you were to get divorced, you would both be entitled to an exact 50 percent share in everything the two of you own together. If you come into the marriage with more assets or with assets that are more valuable than your partner and you want to
If your spouse passes away, your property might be seized and there may be complications that do not allow you to live in it for some time. This can be incredibly inconvenient. If you and your spouse decide to get a divorce, any property that you own will be jeopardy of being lost. You may have to sell your property and split the profits between you and your spouse. You may be in danger of losing the property altogether.
How to go about changing your matrimonial property regime
There are two ways to change your matrimonial property regime and to move from being married in community of property to being married without community of property. Your first option involves getting a divorce. You can then remarry again afterwards with an anti-nuptial contract and your property and other assets will be protected from any eventuality. This option is stressful, tedious and not exactly idea. No-one who is happily married will feel comfortable getting a divorce, even if they know that they will be married again shortly afterwards.
The second option involves making an application to a court, with the help of your attorney, and request that all the property and other assets owned jointly by you and your spouses be divided according to your wishes. If the court approves your application you will then be married out of community of property.
Who can assist you in altering your matrimonial property regime?
There are many professional attorneys who are qualified to help individuals to change their matrimonial property regime. There will definitely be a lawyer near you who will be happy to give you advise and offer their services if you wish to make a change to your matrimonial property regime. If you have a lawyer that you have used before and that you trust, the best thing to do is to contact him or her and ask for help and guidance.
Alternatively, you could ask friends or family to recommend a good attorney to approach for assistance. Some attorneys that could help you include the following firms: Danie Potgieter Attorneys, DK Attorneys, Dionne Lamprecht Attorneys and many more. The most important thing is to find an attorney that you feel comfortable with and who is reputable and capable.