Page:Matrimonial Property Act 1984.djvu/12

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Amendment of section 45 of Act 47 of 1937, as amended by section 20 of Act 43 of 1957 and section 19 of Act 43 of 1962.

31. Section 45 of the Deeds Registries Act, 1937, is hereby amended by the substitution for subsection (1) of the following subsection:

(1) If immovable property or a lease under any law relating to land settlement or a bond is registered in a deeds registry in the name of the survivor of two spouses who were married in community of property, or in the name of the joint estate of such spouses, or in the name of both such spouses, and [such survivor] the surviving spouse has lawfully acquired the share of the deceased spouse in the property, lease or bond, the registrar shall on written application by the executor in the estate of the deceased spouse and by [such survivor] the surviving spouse save where [such survivor] the surviving spouse has signed as executor, accompanied by such other documents as may be prescribed, endorse on the title deeds of the property or on the deed of lease or on the bond that the [survivor] surviving spouse is entitled to deal with such property, lease or bond, and thereupon [such survivor] he shall be entitled to deal therewith as if he had taken formal transfer or cession into his own name of the share of the deceased spouse in the property, lease or bond.”.

Insertion of section 89 in Act 47 of 1937.

32. The following section is hereby inserted in the Deeds Registries Act, 1937, after section 88:

“Registration of postnuptial contracts.

89. (1) The provisions of sections 86 and 87 shall mutatis mutandis apply in respect of—

(a)

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

(b)

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

(2) Where a contract in terms of section 21 or 25 (2) (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) 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).”.

Amendment of section 2 of Act 34 of 1956, as amended by section 1 of Act 58 of 1971.

33. Section 2 of the Apportionment of Damages Act, 1956 (Act No. 34 of 1956), is hereby amended—

(a)

by the substitution for subsection (1A) of the following subsection—

“(1A) [Subject to the provisions of the first proviso to subsection (6) (a)] A person shall for the purposes of this section be regarded as a joint wrongdoer if he would have been a joint wrongdoer but for the fact that he is married in community of property to the plaintiff.”; and

(b)

by the deletion of the first proviso to subsection (6) (a).

Insertion of section 24A in Act 25 of 1961.

34. The following section is hereby inserted in the Marriage Act, 1961 (Act No. 25 of 1961), after section 24:

“Consequences and dissolution of

24A. (1) Notwithstanding anything to the contrary contained in any law or the common law a marriage between persons of whom one or both are minors shall not be void merely because the parents or