IEASA National - News

Estate Agents should note Civil Unions Act    Article Date :26 Jan 2007 Act contains property related aspects Estate agents should take note of the property-related aspects of the Civil Unions Act which came into effect in December 2006, says Dr Willie Marais, president of the Institute of Estate Agents of South Africa. The Act legalised same-sex marriages, and would have implications for the purchase, sale, letting or rental of property by partners in those marriages. "The Act creates a new form of marriage, called a 'civil union', to South Africa's system of marriages," says Marais. "As estate agents well know, when a couple wants to sell, buy, let or rent a property, it's important to know what marriage system they're under, and who must sign the mandate and contract. An incorrectly signed document can cause legal and financial problems, and can even be invalidated." The Act provides that the term "marriage" in all laws (except for the Marriage Act itself and the Customary Marriages Act) and in the common law must now be interpreted to include a civil union partnership, and that references to a husband, wife, or spouse in any other law must be interpreted to include a civil union partner. As far as property is concerned, says Marais, this implies that a civil union would fall under the Matrimonial Property Act, and that the partners have the choice between marrying in community of property or by ante-nuptial contract out of community of property. A copy of the Civil Union Act can be downloaded from the government website (www.info.gov.za - click on "documents"). CLICK HERE TO RETURN TO THE MAIN NEWS PAGE