| 1. |
The application is commenced by publication in the Government
Gazette of a notice substantially in the form of Annexure A hereto |
| 2. |
The report of the Registrar of Deeds must be obtained
before such advertisement is placed. |
| 3. |
At least 3 weeks before the hearing date a copy
of the notice referred to in para 1 must be forwarded to each creditor
by registered post
and must be accompanied by a letter, a copy of which must be placed
before the court, which states - |
| |
3.1 |
on which date and time and to which court application will be made; |
| |
3.2 |
the full names of the spouses, their identity numbers and their
residential addresses and places of employment in the preceding 12 months; |
| |
3.3 |
the effect of the proposed order; |
| |
3.4 |
that a creditor whose interests will be prejudicially affected
by the change of marital regime, may appear at the hearing to oppose
the granting of the order. |
| |
|
| ANNEXURE A |
| |
| Take notice that on the__________ day of__________ 20____
at 10h00 or so soon thereafter as the matter can be heard, the abovementioned
applicants will apply to the South Gauteng High Court of Johannesburg
(address) for an order in the following terms: |
| |
|
| 1. |
The applicants are given leave to change the matrimonial
property system which applies to their marriage, by the execution and
registration of a notarial contract, a draft whereof is attached to the
first applicant's supporting affidavit and is marked ". .
." and which contract, after registration thereof, will regulate
their property system; |
| 2. |
The Registrar of Deeds is authorised to register the
notarial contract; |
| 3. |
This order – |
| |
3.1 |
will lapse if the notarial contract is not registered by the Registrar
of Deeds within two months of the date of the granting of this order;
and |
| |
3.2 |
will not prejudice the rights of any creditor of the applicants
as at date of registration of the contract. |
| |
|
| |
Click
here to Download Annexure A PDF format. |
| |
Click
here to Download Annexure A in MS Word format |
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