Page:Marriage and Matrimonial Property Law Amendment Act 1988.djvu/5



husband, cause the provisions of Chapter II of this Act to apply to their marriage,

by the execution and registration in a registry within two years after the said commencement or such longer period, but not less than six months, determined by the Minister by notice in the Gazette, of a notarial contract to that effect, and in such a case those provisions apply from the date on which the contract was so registered.”.

5. The following section is hereby substituted for section 26 of the Matrimonial Property Act, 1984: “Application of sections 1 and 2 of Act 37 of 1953. 26. Sections 1 and 2 of the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), do not apply to marriages in respect of which the provisions of section 25 (2) or (3) of this Act have been applied or to marriages concluded after the commencement of this Act, other than marriages in respect of which the matrimonial property system [is] was governed by section 22 (6) of the Black Administration Act, 1927 (Act No. 38 of 1927), before the deletion thereof by the Marriage and Matrimonial Property Law Amendment Act, 1988 .”.

5. The following section is hereby substituted for section 89 of the Deeds Registries Act, 1937: “Registration of postnuptial contracts. 89. (1) The provisions of sections 86 and 87 shall mutatis mutandis apply in respect of—

an order under section 20 of the Matrimonial Property Act, 1984, as if that order were a notarial deed; and

a contract in terms of section 21 or 25 (2) or (3) of the Matrimonial Property Act, 1984.

(2) Where a contract in terms of section 21 or 25 (2) (b) or (3) (b) of the Matrimonial Property Act, 1984, replaces or amends an existing antenuptial contract, the contract to be registered shall be accompanied by the existing contract or a certiﬁed copy thereof.

(3) Upon the registration of a contract contemplated in section 21 or 25 (2) (b) or (3) (b) of the Matrimonial Property Act, 1984, the existing antenuptial contract, if any, shall be cancelled or endorsed appropriately, as the case may be, and for that purpose the registrar shall notify the registrar of the registry where the existing contract is registered and every registrar in whose registry a copy thereof is filed in terms of section 87 (3).”.

7. Section 102 of the Deeds Registries Act, 1937, is hereby amended by the substitution in subsection (1) for paragraphs (b) and (c) of the deﬁnition of “owner” of the following paragraphs:

immovable property, where a right of leasehold in respect of such property has been granted to any person and registered in his name, such person, and where such a right of leasehold has been registered in the name of both spouses in a marriage in community of property—

to which the provisions of Chapter III of the Matrimonial Property Act, 1984, (Act No. 88 of 1984, are not applicable, the husband; and

to which the provisions of Chapter III of the Matrimonial Property Act, 1984, are applicable,