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not, as many people wrongly think, impossible <strong>to</strong> have an antenuptial<br />

contract if you are married in community of property Ð it is merely<br />

unusual.<br />

Hint on answering examination questions on antenuptial contracts<br />

The term ``antenuptial contract'' is often abbreviated <strong>to</strong> ``anc''. In <strong>the</strong><br />

examination it would save you some time if you used this abbreviation<br />

instead of writing ``antenuptial contract'' out each time. Please note that<br />

<strong>the</strong> abbreviation is not written in capital letters.<br />

QUESTIONS<br />

NB: Make sure that you can answer <strong>the</strong>se questions properly. They<br />

are designed <strong>to</strong> test your knowledge of <strong>the</strong> <strong>study</strong> material in<br />

this <strong>study</strong> unit.<br />

. General<br />

(1) What is <strong>the</strong> main purpose of an antenuptial contract?<br />

(2) Can an antenuptial contract be entered in<strong>to</strong> after marriage?<br />

(3) Is an informal antenuptial contract valid? Explain.<br />

(4) Explain <strong>the</strong> provisions of section 88 of <strong>the</strong> Deeds Registries Act<br />

47 of 1937 in respect of postnuptial registration of an antenuptial<br />

contract.<br />

(5) List <strong>the</strong> requirements which must be met before an order will be<br />

issued in terms of section 88 of <strong>the</strong> Deeds Registries Act.<br />

(6) Who must assist a minor in <strong>the</strong> execution of a valid antenuptial<br />

contract? Explain fully.<br />

. Contents of <strong>the</strong> antenuptial contract<br />

(7) List <strong>the</strong> most important terms or provisions which are found in<br />

antenuptial contracts.<br />

(8) Discuss <strong>the</strong> liability of spouses married out of community of<br />

property for household necessaries.<br />

(9)Whatisapactum successorium?<br />

(10) How can a succession clause in an antenuptial contract be varied?<br />

(11) What is a marriage settlement?<br />

(12) What advantage is <strong>the</strong>re <strong>to</strong> including a donation between spouses<br />

in an antenuptial contract?<br />

(13) What is a reversion clause in respect of a marriage settlement?<br />

(14) Is a reversion clause in respect of a marriage settlement valid?<br />

Discuss with reference <strong>to</strong> authority.<br />

123

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