| (1) | A husband and wife, whether married before or after the commencement of this Act, may jointly apply to a court for leave to change the matrimonial property system, including the marital power, which applies to their marriage, and the court may, if satisfied that— |
| (a) | there are sound reasons for the proposed change; |
| (b) | sufficient notice of the proposed change has been given to all the creditors of the spouses; and |
| (c) | no other person will be prejudiced by the proposed change, |
order that such matrimonial property system shall no longer apply to their marriage and authorize them to enter into a notarial contract by which their future matrimonial property system is regulated on such conditions as the court may think fit.
| (a) | [Section 21(2)(a) deleted by section 12 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024] |
| (b) | The provisions of Chapter I apply in such a case from the date of the conclusion of the marriage of the spouses or from the date of the execution of the notarial contract concerned, as the spouses may declare in that contract. |
| (c) | For the purpose of proof of the net value of the respective estates of the spouses on the date on which the provisions of Chapter I so apply, they may declare that value either in the notarial contract concerned or in a statement as contemplated in section 6, and in the last-mentioned case the provisions of the said section 6 apply mutatis mutandis in respect of that statement. |
[Paragraph (c) substituted by section 1 of Act No. 91 of 1986]
| (d) | For the purposes of section 4(1) the commencement of the marriage concerned is deemed to be the date contemplated in paragraph (b). |
| (e) | The inclusion of an asset in a statement contemplated in section 6 does not serve as proof of any right of any person with regard to that asset or for the purpose of any release contemplated in section 21(1) of the Insolvency Act, 1936 (Act No. 24 of 1936). |
