Question posted in the Family Law category relating to Gauteng
Hi there
we need advise with regards to our ANC.
we have applied to move our bond to FNB, and during this process they discovered that the notary that signed and registered our ANC has been investigated for fraud and our ANC was not lodged. we do not want to sign the new bond agreement in COP as we have been advised that that could be writen acceptance from us that the ANC is invalid. the transferring attorney suggested singing a new agreement with marital status in COP, and then lodging a section 88 (or something like that) to correct the administravte error after we get the bond
can you advise? we need to know what the best course of action is and what the tax implications are and best course of action and how we go about correcting this administrative issue?
Also, we know that this contact should not necessarily be "null and void" due to an administrative issue when the intention of both my husband and I when we got married was to get married with an Antenuptial Contract in place, which is proved by the fact that we have a signed ANC in place before we go married.
thank you
sara
Message from the Attorney
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
In law, because your ANC was not registered with the Deeds Office, you are married in community of property. The administrative reason for the failure to register the ANC is neither here nor there.
The only thing that you can do is to apply for the post registration of the ANC agreement, which is done through the High Court in order to change your marriage status to out of community of property.
This is, with all due respect, the ONLY way.
It is a full High Court application, and you'll need to convince the court that you always intended the ANC to have been registered, and you'll need to serve a copy of the application on ALL of your creditors.
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.