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IN THE HIGH COURT OF SOUTH AFRICA
EAST LONDON CIRCUIT LOCAL DIVISION
Case no.:______________ / 2021
In the ex parte application of:
Spouse 1 First Applicant
Spouse 2 Second Applicant
NOTICE OF MOTION
TAKE NOTICE that the above named First and Second Applicant will make
application to the above Honourable Court on Tuesday 9 July 2019 at 09H30 or so
soon thereafter as counsel may be heard for an order in the following terms: -
1. That a rule nisi do issue calling upon all interest parties show cause, if any, to
the above Honourable Court on _____________________why this
Honourable Court should not issue an order in the following terms :-
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1.1 That the marriage of the First Applicant and the Second Applicant in
community of property, which was solemnized at [insert] on [insert], be
altered to a marriage out of community of property, with/without, as
referred to in Chapter 1 of the Matrimonial Property Act No. 88 of 1989,
in terms of the provisions of the Notarial Contract to be entered into
between the Applicants, and annexed to the founding affidavit marked
annexure “NC 1”.
1.2 That the First and Second Applicant be authorized to sign and execute
a Notarial Contract in the form of the draft Notarial Contract marked
annexure “NC 1”, for registration in terms of Act No. 88 of 1984 and the
Deeds Registry Act No. 47 of 1937;
1.3 That from the date of registration of the aforementioned Notarial
Contract in the Deeds Office, King Williams Town, the marriage
between the First and Second Applicant will be one out of community of
property with/without the accrual system as referred to in Chapter 1 of
the Matrimonial Property Act No. 88 of 1984, in accordance with the
Provisions of the Notarial Contract to be entered into between the First
and Second Applicant as annexed to the founding affidavit.
1.4 That the rights of any creditors of the First and Second Applicant as
they were immediately prior to the date of registration of the said
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Notarial Contract, would in no way be effected by the registration of the
said Notarial Contract.
2. That the rule nisi be published for the information of any creditors of the First
and Second Applicant and other interested parties, at least one week before
the final application is heard, as follows :-
2.1 one publication in the Government Gazette; and
2.2 one publication in the Daily Dispatch Newspaper
3. That a copy of the rule nisi and a copy of the application papers be served
upon the Registrar of Deeds, King Williams Town.
AND, PLEASE TAKE NOTE that any person who desires to oppose this application
or to make any representations in regard thereto should make such representations
in writing to the Registrar of the above Honourable Court and to the attorneys of
record of the First and Second Applicant. The full application, including the notarial
contract which the First and Second Applicant intend to enter into and have
registered will be available for inspection at the office of the Registrar of the above
Honourable Court and at the offices of the First and Second Applicant’s attorneys.
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TAKE NOTICE FURTHER that in the event of no objections or representations
being made in respect of this application, the application will be heard on
__________________________, at 09h30 or so soon thereafter as the matter may
be heard.
TAKE NOTICE FURTHER that the founding affidavit of [insert] together with the
annexures thereto will be used in support of this application.
KINDLY PLACE THE MATTER ON THE ROLL ACCORDINGLY
DATED AT EAST LONDON ON THIS ______ DAY OF
_________________________
GRAVETT SCHOEMAN INC
First and Second Applicant’s attorney
The Hub | Bonza Bay Road
Beacon Bay
EAST LONDON
043 748 2857
[email protected]
REF: Mr Peters
TO: THE REGISTRAR
EAST LONDON
