Chapter 6 - Alteration of the Matrimonial property system

Question 1

Statutory requirements

Answer 1

1. There are sound reasons for the proposed change
2. Notice of the proposed change has been given to all the creditors of the spouses
3. No other person will be prejudiced by the change

Question 2

Retroactive

Answer 2

Whether the matrimonial property system can be altered with retroactive effect is unclear. In Ex parte Kros it was held that it can be done.

Question 3

Extra-judicial alteration of the matrimonial property system

Answer 3

Honey v Honey