UNIVERSITY OF SOUTH AFRICA
Department of Private Law
⋄
NOTARIAL PRACTICE
LPL4805
Assignment 1 – Semester 1, 2026
⋄
Module Code LPL4805 – Notarial Practice
Assignment Assignment 1
Semester Semester 1, 2026
Due Date 19 March 2026
Total Marks 20 Marks
Lecturer Ms S. Motjopi
Institution University of South Africa (UNISA)
Referencing OSCOLA
Submitted in partial fulfilment of the requirements for LPL4805 – UNISA, 2026
,UNISA | LPL4805 Notarial Practice – Assignment 1
Contents
Question 1.1: Ante-Nuptial vs Post-Nuptial Contract 2
Question 1.2: Section 21 MPA Application – Mary and Joe Jones 5
Question 2: Subdivision of Agricultural Land – Richard Ewings 8
Reference List 12
Page 1 of 12
, UNISA | LPL4805 Notarial Practice – Assignment 1
Question 1.1 [5 Marks]: Difference Between Ante-Nuptial and Post-Nuptial Con-
tract
1.1.1 The Ante-Nuptial Contract
An antenuptial contract (ANC) is a formal written agreement concluded between two prospec-
tive spouses before the solemnisation of their marriage.1 Its primary purpose is to regulate
the patrimonial consequences of the marriage by departing from the default matrimonial prop-
erty regime. In the absence of an ANC, a marriage in South Africa is automatically in commu-
nity of property, meaning that all assets and liabilities of both spouses are merged into a single
joint estate from the moment the marriage is solemnised.2
By entering into an ANC, the parties elect to be married out of community of property. They
may choose to apply the accrual system (in terms of which the growth in each spouse’s estate
during the marriage is shared equally at dissolution) or to exclude the accrual system entirely,
leaving each spouse with a fully separate estate throughout the marriage and at its dissolu-
tion.3
Requirements for a valid ANC:
1. It must be executed before the marriage is solemnised.
2. It must be executed before a notary public.4
3. It must be registered in the relevant deeds registry or registries within three months
of the date of execution and before the marriage takes place.5
4. It must be executed in the presence of two competent witnesses.6
Once registered, the ANC is binding on the parties and on all third parties who deal with
them. It determines the matrimonial property regime from the first moment of the marriage.
1
Matrimonial Property Act 88 of 1984 (MPA) s 2(1).
2
MPA s 2(1); Honey v Honey 1992 (3) SA 609 (W).
3
MPA ss 3–18.
4
Deeds Registries Act 47 of 1937 (DRA) s 2.
5
MPA s 2(2).
6
DRA s 2.
Page 2 of 12
Department of Private Law
⋄
NOTARIAL PRACTICE
LPL4805
Assignment 1 – Semester 1, 2026
⋄
Module Code LPL4805 – Notarial Practice
Assignment Assignment 1
Semester Semester 1, 2026
Due Date 19 March 2026
Total Marks 20 Marks
Lecturer Ms S. Motjopi
Institution University of South Africa (UNISA)
Referencing OSCOLA
Submitted in partial fulfilment of the requirements for LPL4805 – UNISA, 2026
,UNISA | LPL4805 Notarial Practice – Assignment 1
Contents
Question 1.1: Ante-Nuptial vs Post-Nuptial Contract 2
Question 1.2: Section 21 MPA Application – Mary and Joe Jones 5
Question 2: Subdivision of Agricultural Land – Richard Ewings 8
Reference List 12
Page 1 of 12
, UNISA | LPL4805 Notarial Practice – Assignment 1
Question 1.1 [5 Marks]: Difference Between Ante-Nuptial and Post-Nuptial Con-
tract
1.1.1 The Ante-Nuptial Contract
An antenuptial contract (ANC) is a formal written agreement concluded between two prospec-
tive spouses before the solemnisation of their marriage.1 Its primary purpose is to regulate
the patrimonial consequences of the marriage by departing from the default matrimonial prop-
erty regime. In the absence of an ANC, a marriage in South Africa is automatically in commu-
nity of property, meaning that all assets and liabilities of both spouses are merged into a single
joint estate from the moment the marriage is solemnised.2
By entering into an ANC, the parties elect to be married out of community of property. They
may choose to apply the accrual system (in terms of which the growth in each spouse’s estate
during the marriage is shared equally at dissolution) or to exclude the accrual system entirely,
leaving each spouse with a fully separate estate throughout the marriage and at its dissolu-
tion.3
Requirements for a valid ANC:
1. It must be executed before the marriage is solemnised.
2. It must be executed before a notary public.4
3. It must be registered in the relevant deeds registry or registries within three months
of the date of execution and before the marriage takes place.5
4. It must be executed in the presence of two competent witnesses.6
Once registered, the ANC is binding on the parties and on all third parties who deal with
them. It determines the matrimonial property regime from the first moment of the marriage.
1
Matrimonial Property Act 88 of 1984 (MPA) s 2(1).
2
MPA s 2(1); Honey v Honey 1992 (3) SA 609 (W).
3
MPA ss 3–18.
4
Deeds Registries Act 47 of 1937 (DRA) s 2.
5
MPA s 2(2).
6
DRA s 2.
Page 2 of 12
