|Since the implementation of the Civil Unions Act 17 of 2006, property practitioners should familiarise themselves with the property-related aspects arising from the Act.
The different forms of civil unions (which can be male/female or same sex) require individuals, especially property practitioners, to understand the specifics pertaining to the signature of the Offer to Purchase.
Civil partnerships will fall under the Matrimonial Property Act 88 of 1984 with partners having the choice of being married in community of property or out of community of property, with or without accrual.
What is a Civil Union?
A “civil union” is defined as “the voluntary union of two persons who are both 18 years of age or older, which is solemnized and registered by way of either a marriage or a civil partnership…”.
USEFUL TIPS WHEN PARTIES ARE SIGNING THE OFFER TO PURCHASE (OTP)
MARRIED OUT OF COMMUNITY OF PROPERTY (CIVIL UNIONS INCLUDED)
MARRIED IN COMMUNITY OF PROPERTY (CIVIL UNIONS INCLUDED)
From a legal perspective, there is really no difference between parties to a civil union and persons married in terms of the Marriage Act. Both enjoy all the rights, protections, and consequences of marriage.
For more information, please contact:
Annetjie Coetsee is a practising Attorney, Notary Public and Conveyancer, operating from both the Cape Town and Helderberg branches of STBB. Her responsibilities include: Director of STBB, branch head of Somerset West office, Executive member and head of the Development Law Unit. The specialized Development Law Unit has nine specialists addressing development requirements in the fields of planning law, environmental law, construction law, renewable energy law and, very importantly, local government law. She is a practicing Conveyancer (dealing with a conglomerate of property related matters such as sectional titles, developments, bonds, transfers and municipal work for local councils). Although she specialises in conveyancing she is a family law attorney, with a special interest in the constitutional law aspects regarding children’s rights. She is part of the marketing department and takes care of the brand development on a national level. Annetjie is further responsible for compliance and reporting initiatives. She is involved with substantial research activities relating to the property market and property investment and communicates interesting and relevant facts to her clients and the media, conducts Legal Updates for banks and estate agents. Her knowledge and insurmountable experience in the property market and connections with key roleplayers in the property industry makes her an invaluable ally to any property investor.