Veteran kwaito musician Thebe Mogane and his wife Dioca have become the latest celebrity couple to dissolve their “in community of property” marriage and replace it with “out of community of property” union, 21 years after they tied the knot.
The award-winning muso and his wife amended the status of their marriage at the Johannesburg High Court early this year and have now lodged the status of their new marriage at the Deeds Office.
In the court papers that Sunday World has seen, Thebe, who is the first applicant in the matter, said he and Dioca, who is the second applicant, got married in community of property in Pretoria in August 2001 without getting proper legal counsel about the consequences of the status of their marriage.
“We were ignorant as to the meaning of marriage out of community of property, as well as its advantages and disadvantages,” read the papers.
He added that he did not know that after they got hitched, their union would automatically be registered under the category of in community of property at the Home Affairs offices if they did not sign an antenuptial contract, saying they wanted to get out of the marriage because now they have full understanding of its legal ramifications.
“Since our marriage, we have obtained a greater understanding of the realm of marriage out of community of property including the difference with or without accrual. Had we consulted with a legal representative prior to our marriage, we would have in no doubt executed an antenuptial contract,” read the papers.
Thebe added that one of the reasons they wanted to change the status of their matrimony was because they want to expand their individual business empires, saying by changing the status of their marriage, they would be protected from uncertainties.
He also said they may both acquire inheritance from their families which they need to keep separate from their joint assets, adding that the couple has credit agreements with three major banks. However, he said the change of their matrimonial property system would not detrimentally affect the credit agreements with the banking groups.
“We humbly submit that no prejudice shall be suffered by any third party as a result of the change in our matrimonial property regime. We are not over-indebted and do not owe a vast unsecured amount of money to creditors, ”read the papers.
In her confirmatory affidavit, Dioca said she had consented to the conversion of the status of their marriage to out of community of property.
“I have read the founding affidavit of the first applicant and confirm the content therein contained in so far as it relates to me,” she said in the court papers.
The couple follows in the footsteps of power couple Nandi Madida and Zakes Bantwini who also changed their marriage to out of community of property.
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