Matrimonial Property Act, 1984 (Act No. 88 of 1984)Chapter IV : General Provisions25. Application of Chapters II and III |
| (1) | [Subsection (1) deleted by section 4 of Act No. 3 of 1988] |
| (2) | Notwithstanding anything to the contrary in any law or the common law contained, the spouses to a marriage entered into before the commencement of this Act and in respect of which the matrimonial property system was not governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927), may— |
| (a) | if they are married in community of property, cause the provisions of Chapters II and III of this Act to apply to their marriage; or |
| (b) | if they are married out of community of property and the wife is subject to the marital power of the 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 concerned was so registered.
[Subsection (2) substituted by section 4 of Act No. 3 of 1988]
| (3) | Notwithstanding anything to the contrary in any law or the common law contained, the spouses to a marriage entered into before the commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988, and in respect of which the matrimonial property system was governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927), may— |
| (a) | if they are married in community of property, cause the provisions of Chapters II and III of this Act to apply to their marriage; or |
| (b) | if they are married out of community of property and the wife is subject to the marital power of the 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.
[Subsection (3) inserted by section 4 of Act No. 3 of 1988]