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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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When my husband and I got married in 2013 we didn't fully

Customer Question

Customer: Hi, when my husband and I got married in 2013 we didn't fully consider community of property implications, and thus went with the default arrangement withoutprenupts etc. Now we think that might not have been so wise. Changing at this point seems exorbitantly expensive. Now I'm wondering - what's to stop us/ what would be the pro's & con's of getting an amicable divorce and then remarrying, but with the relevant prenupt contract in place?
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good evening.

The short answer is that nothing is stopping you from doing that. The consequences of doing that is exactly the same as changing the marital property regime.

The only con is that you (or your husband) is going to have to lie under oath when you are being cross examined on the day that you get divorced. The Divorce Act allow you to get divorced only if the marriage has broken down irretrievably. Proving that (the marriage has broken down irretrievably) consists of telling the Magistrate under oath that this is in fact the case. That is the full extent of the proof that is needed. So, in your case, that would not be the truth. You are getting divorced to get your marriage property regime changed.

The chances of you being caught out or anybody caring that the real reason for the divorce is something else than the irretrievable breakdown of the marriage is near zero. In other words, there is as close to zero of a chance that you are going to be arrested for perjury.

So, it basically only comes down to whether you can reconcile that with your own conscience.

I sincerely ***** ***** I am making sense here, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.