Registrars' Conference Resolutions - Centre for Conveyancing ...

44property separately or on the aggregate amount?Resolution The fee must be calculated on the sum total of all the property values –(RCR20/2012).Section 45bis and section 45bis(1A)Question Section 45bis and section 45bis(1A) deal with applications and contracts interms of sections 20 and 21 (1) of the Matrimonial Property Act 88 of 1984.What about the situation where parties agree to marry out of community ofproperty and the antenuptial contract was never executed prior to their marriage.The court authorizes a contract to be entered into in terms of section 88 of theDeeds Registries Act. 36 Before registration of the notarial contract in terms ofsection 88, the parties have property registered in their names describing themas married in community of property. Can section 45bis and 45bis(1A) beapplied or will a factual endorsement in terms of section 3(1)(v) of the Deeds Actsuffice?Resolution Section 45bis(1)(b) and section 45bis(1A) must be applied – (RCR35/2010).Paragraph 9 - Section 45bis(1)(a) endorsementAn exemption certificate must be lodgedQuestion Is it necessary to always lodge an exemption certificate from SARS in instancessuch as the recent amendments to the Transfer Duty Act exempting duty to bepaid on transfers due to divorce?Resolution Yes. A transfer duty exemption certificate from SARS must be lodged -(RCR43/2006).Copies of foreign divorce ordersQuestion Who may certify a copy of a foreign divorce order, where property situated inSouth Africa is dealt with? Must the foreign divorce order be accepted in aSouth African Court?Resolution a) A foreign order does not have to be accepted by the High Court of SouthAfrica.b) The foreign court order may be certified as a true copy of the original, bya conveyancer or notary – (RCR64/2010).Paragraph 11 - Section 45bis(1A)(b) endorsementIncomplete court orderQuestion Where parties change their matrimonial property regime in terms of section 21 ofthe Matrimonial Property Act 88 of 1984 from in community of property to out ofcommunity of property, but the order of court ordering the registration does notaddress any immovable property registered in the name of the joint estate, howmust such property be dealt with? Should the provisions of section 45bis(1A)(b)be applied or must a variation of the court order be requested?36According to section 88 of the Deeds Registries Act, a court may, subject to such conditions as it may deemdesirable, authorise postnuptial execution of a notarial contract having the effect of an antenuptial contract, if theterms thereof were agreed upon between the intended spouses before the marriage.February 2013Self-Study Deeds Course