Change of marital status ‘in community of property’ to ‘out of community of property


When you are married in community of property, there are 2 ways to change that to out of community of property (with / without accrual).

  • The first option is to divorce and then re-marry again with an ante-nuptial contract in place.
  • The second option is we bring an application to the high court where we ask court that your assets get divided according to your wishes and declare that you are now married out of community with or without accrual.


This is sometimes a consideration when you are insolvent and almost always a consideration when you are doing Corporate Structuring / Asset Protection. We can assist you in bringing such an application.