LPL4805
Assignment 1
Semester 1
DUE: 19 MARCH 2026
, LPL4805 – Notarial Practice
Assignment 1 – Semester 1, 2026
Question 1
1. Difference between an ante-nuptial contract and a
post-nuptial contract
In South African matrimonial property law, an ante-nuptial contract and a post-nuptial
contract are legal instruments used by spouses to regulate the proprietary
consequences of their marriage. The main distinction between these two contracts lies
in the time at which they are concluded and the legal procedure required for their
validity. An ante-nuptial contract is a contract entered into by two persons before they
marry in order to regulate their matrimonial property system. In South African law, if
parties do not enter into an ante-nuptial contract before marriage, their marriage
automatically takes place in community of property. The purpose of an ante-nuptial
contract is therefore to exclude the default matrimonial property system of community of
property and to establish a different regime, such as marriage out of community of
property, either with or without the accrual system. For the contract to be valid, it must
be executed before a notary public and must be registered in the Deeds Office within
three months after execution. Registration ensures publicity and protects third parties
who may deal with the spouses in financial matters. Once registered, the ante-nuptial
contract becomes binding and determines the proprietary rights and obligations of the
spouses during the marriage and upon its dissolution.
A post-nuptial contract, on the other hand, is concluded after the marriage has already
taken place and is used when spouses wish to change their matrimonial property
Assignment 1
Semester 1
DUE: 19 MARCH 2026
, LPL4805 – Notarial Practice
Assignment 1 – Semester 1, 2026
Question 1
1. Difference between an ante-nuptial contract and a
post-nuptial contract
In South African matrimonial property law, an ante-nuptial contract and a post-nuptial
contract are legal instruments used by spouses to regulate the proprietary
consequences of their marriage. The main distinction between these two contracts lies
in the time at which they are concluded and the legal procedure required for their
validity. An ante-nuptial contract is a contract entered into by two persons before they
marry in order to regulate their matrimonial property system. In South African law, if
parties do not enter into an ante-nuptial contract before marriage, their marriage
automatically takes place in community of property. The purpose of an ante-nuptial
contract is therefore to exclude the default matrimonial property system of community of
property and to establish a different regime, such as marriage out of community of
property, either with or without the accrual system. For the contract to be valid, it must
be executed before a notary public and must be registered in the Deeds Office within
three months after execution. Registration ensures publicity and protects third parties
who may deal with the spouses in financial matters. Once registered, the ante-nuptial
contract becomes binding and determines the proprietary rights and obligations of the
spouses during the marriage and upon its dissolution.
A post-nuptial contract, on the other hand, is concluded after the marriage has already
taken place and is used when spouses wish to change their matrimonial property
