Customary marriage: Law expert shares what you need to know about changing your marriage regime
What happens if you are already married and want to change your matrimonial property regime? A customary law expert explains what couples need to know.
As South Africa celebrates Heritage Month, customary marriages remain an important part of the country’s rich cultural heritage.
However, there are still many misconceptions about customary marriages, including the matrimonial property regime that applies to couples and whether it is possible to change that regime after getting married.
Dr Kgopotso Maunatlala, a law expert who specialises in customary law, says one of the most important conversations couples should have before getting married is about the type of matrimonial property regime they intend to enter into.
While couples may be excited about tying the knot, she says the conversations around marriage should not end with the wedding plans.
“Don't wait until it is too late to equip yourself with the knowledge of different matrimonial property regimes,” says Maunatlala.
“This knowledge is important to make an informed decision of whether you will get married in community of property or out of community of property with or without accrual.”
The law expert says couples should educate themselves by conducting research through reputable sources or seeking advice from a legal expert who can explain the different matrimonial property regimes available in South Africa.
“This should be done even before the prospective wife and husband’s family meet for lobola negotiations to avoid unintentionally concluding a marriage in community of property if that’s not their desire,” she says.
Can you change your matrimonial property regime after getting married?
If a couple is already married and later decides they want a different matrimonial property regime, Maunatlala says there is still a legal process available to them.
“Couples customarily married to each other are legally allowed to change their matrimonial property regime if they wish to do so during the subsistence of their marriage,” says Maunatlala.
“They should formally and jointly apply to the High Court for a postnuptial contract under section 21(1) of the Matrimonial Property Act.”
She adds that couples cannot simply enter into such an agreement without involving the court.
It is important to note that the couple can't enter into this contract without the involvement of the court, as was recently reinforced in a landmark Constitutional Court ruling of VVC v JRM," concludes Dr Maunatlala.
HOW TO LISTEN TO EAST COAST RADIO
1. Listen to East Coast Radio on the FM (frequency modulation) spectrum between 94 and 95 FM on your radio.
2. Listen live to ECR by clicking here or download the ECR App (iOS/Android).
3. Listen to East Coast Radio on the DStv audio bouquet
4. Switch to the audio bouquet on your OpenView decoder and browse to channel 606.
5. Listen to us on Amazon Alexa
Follow us on social media:
· TikTok