South Africa Law
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Dear Customer, if you have time, I'll find out and let you know by Sunday morning, 4 August. I'll check for your response by 2pm today. Keep well! ES
Hi - can you tell me when you got married and do you have a formal written contract of "separazione dei beni"? ES
I got married in June 2013, and the 'separazione dei beni' is a clause/note included in the marriage certificate. I got a multilingual certificate (that includes the note) with a postille (referring to La Haye convention 1961), that they told me I can use this to register my marriage in South Africa - only concern is that the postille/note on such certificate is hand-written on the certificate in Italian, not translated. Not sure they will report it as 'out of community of properties without accrual'.
Thank you for your answer.
In general people like you have to remember that the way you got married will be recognised anywhere in the world according to International Private Law. The rule is that the law of the place (country) where the husband lives permanently at the time of the marriage determines the type of marital regime. If the two of you chose it to be "Separazione dei beni", it will stand as such. If the law of Italy required from the two of you a written and registered ante-nuptial contract, and you had done so, everything is in order. However, from your answer, it seems to me that your certificate is qualified with the note and pastille. Did you have to comply with any other requirements in Italy, like formal registration of the contract?
Just to give you background: in SA if people do not complete and register an ante-nuptial contract before the wedding, they are considered to be married in community of property – that is the standard. In the UK, people are automatically married out of community of property, without any conclusion or registration of a written contract. This comes down to the fact that each country has its standard marital regime, requiring no specific actions of the two people getting married.
It seems to me that in Italy, no specific contract is required as the marriage officer makes a note and pastille on and to the certificate. Correct me if I am wrong.
To register the contract post-nuptially in South Africa as well, it would require a full and lengthy application to Court to order the deeds office to register it. One will have to attach the certificate (a duly certified copy as the original will be showed by the advocate to the judge). One can have the note in Italian translated by an official Italian translator in SA, which will also be attached.
Seemingly you two complied with the laws of Italy regarding the "Separazione dei beni” marital regime - is there any specific reason why you require registration in SA?
If you would like to continue with the registration, I can give you the details of a very experienced attorney, being a notary public. I f so, do that before you have any creditors in SA as the application has to be served on each creditor and also has to be published. Any which way, it is an expensive application.
Please let me know.
In Italy you don't need a contract - actually ante nuptial contracts as such are not valid by italian law. In Italy you can simply choose the day of the wedding your regime: community of properties ('comunione dei beni') or out of community of properties ('separazione dei beni'). Therefore by Italian law we are fine. I have two concerns:
1) We are living and resident in Dubai (already when we got married) - does it mean that my domicile was UAE and the UAE law applies, even if we got married in Italy, in the municipality of Rome?
2) She needs to change her marital status in South Africa - it seems Home Affairs requires a certificate with pastille (Le Haye convention). Once I submit this certificate, I want to be sure that the 'out of community of properties' is properly registered and not 'lost in translation' - how can I do it? Do I need a legal firm to help me?
To your Question 1: If you are and have been just living temporarily in the UAE, regarding Italy as your permanent home and country until you decide where you want to settle permanently, the answer is ITALY. I suppose you have only a work permit for the UAE and are not a permanent resident there.
To your Question 2: Get a sworn translator to translate the whole certificate, or only the section written in Italian. Discuss it with the translator. If you do not find one in the UAE or back in Italy, you can find one in SA. Google it. I suggest once you are in SA, contact a lawyer, to discuss all implications. I give you the detail of Hymie Chaitowitz,[email protected]
It safeguards both you and your wife. I hope this has directed you and your wife to know what your options are. You are welcome to email Mr. Chaitowitz in the meantime. Good luck and if there is anything else, let me know. ES
On point #2: can you do an ANC and register it to court even if we are already married (although if in Italy)?
Will take Mr. Chaitowitz into consideration - is he based in Cape Town? That's where we typically spend our time in SA
Yes, you may but with the consent of the court. Many people do that or even change their status around.
I am sure Mr. Chaitowitz will be able to take your case and get an advocate in the Cape to bring the application. Rather discuss it with him. If there is nothing else, please rate my service. I enjoyed your case and I have learnt something about the marital law of Italy!! Bellissima! ES
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