As South Africa is nowadays part of the global village, we are dealing more and more with parties and entities, who are married or established in foreign countries.
The Deeds Registry Act 47 of 1947 states how conveyancers should attend to foreign marriages. Section 17 states:
“Registration of immovable property in name of married persons
(2) Every deed executed or attested by a registrar, or attested by a notary public and required to be registered in a deeds registry, and made by or on behalf of or in favour of any person, shall-
- where the marriage concerned is governed by the law of any other country, state that the marriage is governed by the law of that country.
(6) A person married in terms of a marriage the legal consequences of which are governed by the law of any other country, shall be assisted by his or her spouse in executing any deed or other document required or permitted to be registered in any deeds registry or required or permitted to be produced in connection with any such deed or document, unless the assistance of the spouse is in terms of this Act or on other grounds deemed by the registrar to be unnecessary."
When is the legal consequence of a marriage governed by the laws of another country?
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