if they are married out of community of property and the marital power of the husband was not excluded in terms of the antenuptial contract concerned, cause the provisions of Chapter II to apply to their marriage,
by the execution and the registration in a registry within two years after the said commencement 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.
Application of sections 1 and 2 of Act 27 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) 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 governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927).
Amendment of section 1 of Act 13 of 1934, as amended by section 15 of Act 93 of 1962 and section 1 of Act 44 of 1982.
27. Section 1 of the Succession Act, 1934 (Act No. 13 of 1934), is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:
“(b)
if the spouses were married out of community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato, the surviving spouse shall succeed—
(i)
in the case where the provisions of Chapter I of the Matrimonial Property Act, 1984, are not applicable to such a spouse, to the extent of a child's share or to so much as does not exceed fifty thousand rand in value (whichever is the greater); and
(ii)
in the case where the provisions of that Chapter are applicable to such a spouse, to the extent of a child's share or to so much as together with his or her share of the accrual of the estates of the spouses, determined in accordance with that Chapter, does not exceed fifty thousand rand in value (whichever is the greater);”.
Amendment of section 3 of Act 47 of 1937, as substituted by section 2 of Act 87 of 1965 and amended by section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980 and section 3 of Act 27 of 1982.
28. Section 3 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), is hereby amended by the substitution for paragraph (k) of subsection (1) of the following paragraph:
“(k)
register antenuptial contracts, including orders under section 20, and contracts contemplated in section 21, of the Matrimonial Property Act, 1984, and register such notarial deeds of donation (including a donation to be held in trust) and such other notarial deeds having reference to persons and property within the area served by the registry in question as are required or permitted by law to be registered;”.
Substitution of section 17 of Act 47 of 1937, as amended by section 1 of Act 15 of 1953, section 8 of Act 43 of 1957, section 8 of Act 43 of 1962 and section 5 of Act 3 of 1972.
“Registration of immovable property in name of married persons.
17. (1) From the commencement of the Matrimonial Property Act, 1984, immovable property, real rights in immovable property and notarial deeds which would upon transfer, cession or registration thereof form part of a joint estate shall be registered in the name of the husband and the wife, excluding agricultural land as defined in the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970), unless that transfer, cession or registration takes place only in the name of a partnership, and the husband or wife is involved therein only in the capacity of partner in that partnership.
