Affidavit of Negation of Spousal Consent

Affidavit of Negation of Spousal Consent

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This affidavit is a declaration sworn by either a single, divorced or widowed person stating that spousal consent is not required to transfer or charge property. It can also be used by a married person where the property in question is not matrimonial property.

This affidavit is envisioned under section 12 of the Matrimonial Properties Act which stipulates that a spouse must consent to any disposition of Matrimonial Property.

The affidavit is made in circumstances where obtaining spousal consent is unnecessary i.e. if transferor/chargor is unmarried, divorced or spouse is deceased or when the property in question is not matrimonial property.

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