Botswana - Apply for Married Persons Property Regime

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Procedure

Apply In-Person

1. To apply for Married Persons Property Regime, both spouses should visit the nearest Regional Civil and National Registration Offices before the solemnization of their marriage. Use this link to view the Regional Civil and National Registration Offices  Address details : Link
2. Express your interest to the civil registrar officer and collect the Application form for the Married Property Regime. Application forms can only be accessed at any of the regional Civil and National Registration Offices and are not available online.
3. The completed form, with the attachments, should be submitted to the civil registrar office, who will then verify that all the necessary documentation has been provided and that the applications comply with the selection criteria before registering, processing, and drawn up the Instrument under Married Persons Property Act
4. The instrument must be signed by each of the spouses before the solemnization of their marriage and in the presence of two persons one of whom shall be an administrative officer as a witness to the choice made.
5. For the signed instrument to be valid it must be registered in the Deeds Register (Attorney General’s Office) within 90 days. If not registered within this period the instrument will not be valid hence the marriage will be presumed to be out of the community.
   

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Required Documents

• National Identity document for citizens
• Passport for Non-citizens
  

Office Locations & Contacts

Ministry of Nationality, Immigration, and Gender Affairs
Address: Block 8, Government Enclave, Khama Crescent
Private Bag 002
Gaborone
Botswana
Tel: (+267)3611115 / 3611234 / 3611132
Fax: (+267) 3907426
Email: [email protected]

Department of Civil and National Registration
Ministry of Nationality, Immigration, and Gender Affairs
Head Office, Block 8, Government Enclave,
Khama Crescent, Private Bag 00240, Gaborone, Botswana
Tel. (+267) 361 1400
Fax. (+267) 395 9998
Toll-Free Number. 0800 600 777
Ministry contact details link: Link

Regional Civil and National Registration offices contact link:Link
Opening hours: 7:30 to 12:45, and 13:45 to 16:30, Monday to Friday, except public holidays.

Eligibility

All married couples solemnize their marriage according to the common law.

Fees

The Application fee is BWP20.00

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

The time around for processing the application is 90 day

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

Please provide other instructions related to the certificate/documents.
e.g. The state office holds birth records since january 1908.

Required Information

• Full names of the couples
• Witnesses full names
• Identification document details (couple/witness)
• Nationality
• Contact details
• Residential address details
• Details about the properties
• Declaration by the couple/ witnesses
  

Need for the Document

A Marriage person’s property regime is the set of rules agreed upon by both spouses, before getting married, which would govern their property relations during their married life.

Information which might help

• Under Section 3(1) of the Married Persons Property Act marriage solemnized between spouses is outright out of community of property and community of profit and loss or any liabilities or privileges therefrom.
• However, the Act provides that spouses may choose to contract to be in a community of property and community of profit and loss or any liabilities or privileges therefrom by signing an instrument to that effect.
  

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

GOV.BW procedure link: Link

Others

More information which might help people.