key to the study guide - Name

Matrimonial property
system
Right of recourse in
respect of household
necessaries
the law, good morals or the nature of marriage can be included in an
antenuptial contract. Your textbook also gives examples of clauses which
would be null and void because they do not comply with this rule.
The remainder of the discussion of the contents of an antenuptial contract
deals with the most important provisions which can be found in an
antenuptial contract.
At page 93 your textbook points out that, normally, the main purpose of
an antenuptial contract is to deviate from the automatic matrimonial
property consequences of marriage, namely that marriage is in community
of property (see study unit 9). Various matrimonial property systems can
be agreed upon in an antenuptial contract. The three most common forms
of marriage out of community of property are complete separation of
property, marriage out of community of property with retention of
community of profit and loss and the accrual system. You must study the
discussion of the first two forms on pages 96±97 of your prescribed
textbook. The third form, that is the accrual system is discussed in the
next study unit below.
The antenuptial contract can contain provisions regarding a spouse's right
of recourse in respect of liability for household necessaries. In marriages
out of community of property section 23 of the Matrimonial Property Act
governs this liability. You must study the discussion on liability for
household necessaries in your textbook on page 93.
Succession clause You should note that succession clauses are sometimes included in an
antenuptial contract. Your textbook explains on page 93 what a succession
clause is and how it can be varied. You must study this explanation.
Marriage settlements
122
A marriage settlement is sometimes included in an antenuptial contract. A
marriage settlement is a donation which one prospective spouse makes to
the other in an antenuptial contract, for example, a man may donate the
house in which the spouses intend to live to his future wife. The discussion
of marriage settlements in your textbook on pages 93±94 must be studied.
ACTIVITY
Is it possible to have an antenuptial contract if you are married in
community of property? Give a reason for your answer.
FEEDBACK
Think back to study unit 9 above which explains which assets fall outside
the joint estate. There you learnt, inter alia, that spouses who are married
in community of property, can exclude certain assets from their joint estate
in an antenuptial contract. In other words, spouses who are married in
community of property can have an antenuptial contract. It is therefore