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Matrimonial Property Act, 1984 (Act No. 88 of 1984)

Chapter IV : General Provisions

32. Insertion of section 89 in Act 47 of 1937

 

 

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

 

“89. Registration of postnuptial contracts

 

(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).”.