Antenuptial Contracts/Marriage Contracts

In South Africa, we have three different types of marital regimes namely,


  • In community of property.
  • Out community of property with inclusion of the accrual.
  • Out community of property with exclusion of the accrual.

It is very important to take cognizance that one has to enter into a marriage contract prior to getting married, otherwise the marriage will be concluded in community of property.

Variation Of Matrimonial Property Regime

In modern days, it is often desirable for spouses to change the way in which they were married.

There exist various reasons for this, for example, the spouses might have been married in a way that had consequences that they did not intend, or to protect their estate. It is however very important to note that such an application can only be regulated by the High Courts and there are certain requirements that must be met to satisfy the court before granting such applications.