key to the study guide - Name

FEEDBACK
The Deeds Registries Act 47 of 1937 prescribes the formalities which must
be complied with if an antenuptial contract is to be valid as against third
parties. In terms of this Act an antenuptial contract must comply with the
formalities of notarial execution and registration. If these formal
requirements are not fulfilled however, the antenuptial contract is, in
terms of the Act, of no force or effect as against anyone not a party to it
and the marriage is considered to be in community of property in so far as,
for example, it affects debtors or creditors of either the husband or the
wife.
It has always been, and still is, permissible for spouses who had definitely
agreed prior to the marriage to conclude an antenuptial contract, but who
had not complied with the requirements of the Deeds Registries Act, to
have the contract executed and registered after the marriage, with the
consent of the high court. This possibility is expressly provided for in
section 88 of the Deeds Registries Act. Three requirements must be met
before the court will grant consent in terms of section 88:
(1) The parties must definitely have agreed on the terms of the
antenuptial contract before contracting the marriage;
(2) the parties must provide good reasons for their failure to properly
execute and/or register the antenuptial contract, and
(3) the application must be made within a reasonable time after it has
been discovered that the agreement has not been properly executed or
registered.
The application, in terms of section 88, can be made by either one or both
spouses or even by a beneficiary under a will.
3 ADDITIONAL REQUIREMENTS WHICH APPLY IN RESPECT OF THE
MINOR'S ANTENUPTIAL CONTRACT
You must know whose consent or assistance is required for the conclusion
of a valid antenuptial contract by a minor. This issue is discussed on pages
91±92 of your prescribed textbook.
4 THE CONTENTS OF THE ANTENUPTIAL CONTRACT
After studying the minor's antenuptial contract, you should study pages
92±93 of the textbook where the contents of the antenuptial contract are
discussed. There it is explained that any provision which is not contrary to
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