Section 21 of the Matrimonial Property Act provides the formal legal process for spouses who wish to change their matrimonial property regime after marriage.
This process requires:
- A joint High Court application by both spouses
- Full financial disclosure of assets and liabilities
- Notification of creditors
- A postnuptial contract drafted by an attorney
The ruling in VVC v JRM and Others emphasised that this process protects the economically more vulnerable spouse, safeguards the interests of creditors, and ensures the integrity and transparency of property rights within marriage.
This ruling also has practical implications for couples who own or plan to purchase property. If spouses mistakenly believe they are married out of community of property, they may face unexpected consequences, such as:
- Liability for half of their spouse’s debts
- Assets forming part of a joint estate
- Property being subject to equal division on divorce or death
- Potential exposure to creditors or sequestration proceedings
For property practitioners and conveyancers, verifying a client’s marital property regime is therefore essential when dealing with property transactions.
