Revision Examination Tests
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PVL 2601 UNIT 6 - MARRIAGE OUT OF COMMUNITY OF PROPERTY MULTIPLE
QUESTIONS AND CORRECT DETAILED ANSWERS 2024/2025: INCLUUDES F1
CONCESSION EXAM 2023: COVERS ALMOST EVERY QUESTION EVER ASKED!
Quiz THREE VARIATIONS OF MARRIAGE OUT OF COMMUNITY OF PROPERTY
Ans: 1. marriage with complete separation of property
2. marriage out of community of property with retention of community of profit
and loss
3. the accrual system
Quiz PURPOSE OF ANTENUPTIAL CONTRACT
Ans: To deviate from the common law or statutory rules regarding the matrimonial
property consequences of marriage.
Ante nuptial contracts often include marriage settlements (donations between
spouses) Spouses sometimes create a trust, enter into an agreement about
succession. or govern their right of recourse in respect of expenses for household
necessaries in their ante nuptial contract.
Can be used in narrow and wide sense.
Quiz NARROW SENSE
Ans: it refers to the formal contract that is executed before a notary and registered in
the deeds office in terms of the Deeds Registries Act.
Quiz WIDE SENSE
, Ans: Informal agreement between parties which binds only them. Includes any type
of agreement intending spouses conclude before marriage with a view to bringing
about the marriage itself or regulating any aspects of it.
Quiz FORMALITIES FOR CREATION OF A VALID ANTE NUPTIAL CONTRACT -
GENERAL
Ans: In formal antenuptial contract is valid only inter partes Not valid against third
parties. Marriage is considered to be in community of property in so far as the
spouses debtors and creditors are concerned.
Quiz SECTION 87
Ans: Antenuptial contract executed in SA must be attested by a notary and
registered in a deeds registry within three months of its execution or within such
extended period as the court may on application allow.
antenuptial contract executed in SA must be attested by a notary or entered into in
accordance with the law of the place of its execution.
Foreign antenuptial contract has to be registered in a deeds registry in SA within six
months of its execution ow within such extended period as the court may on
application allow.
Quiz POSTNUPTIAL EXECUTION AND REGISTRATION OF AN ANTENUPTIAL
CONTRACT
Ans: If spouses entered into a antenuptial contract prior to marriage but failed to
comply with the formalities of notarial execution and registration, the High court may
be approached in terms of Section 88 of the Deeds Registries Act for permission to
have the contract formally executed and registered after the marriage.
Quiz THREE REQUIREMENTS MUST BE MET BEFORE COURT WILL PERMIT
POSTNUPTIAL EXECUTION AND REGISTRATION OF THE ANTENUPTIAL
CONTRACT
Ans: 1. Parties must definitely agree on the terms of the contract before entering into
marriage
2. Parties must give good reasons for their failure properly to execute and/or register
the contract before the marriage.
3. The application must be made within a reasonable time after it was discovered
that the agreement was not properly executed and/or registered.
Quiz ANTENUPTIAL CONTRACT OF A MINOR
Ans: 1. Must personally sign the contract
2. Minor must have the consent of his or her guardian to enter into an antenuptial
contract.