LPL4805 Assignment 1 Semester 1 ANSWERS 2026 - Due 19 March 2026

LPL4805
ASSIGNMENT 1
DUE DATE: 19 MARCH 2026

, LPL4805 ASSIGNMENT 1 2026

DUE 19 MARCH 2026



Question 1



1. What is the difference between ante-nuptial contract and post-nuptial contract?



An ante-nuptial contract is a written contract executed and attested by a notary before
the solemnisation of a marriage. Its main aim is to regulate the matrimonial property
dispensation of the proposed marriage, primarily to exclude community of property and
community of profit and loss.¹ It is concluded on the assumption that the marriage will
take place and is enforceable between the parties once the marriage is solemnised.²



A post-nuptial contract refers to two distinct scenarios that occur after the marriage has
been solemnised:

 Postnuptial registration of an ante-nuptial contract: This occurs when an
antenuptial contract was properly executed by a notary before the marriage but was
not registered within the prescribed three months. The parties must then apply to the
High Court for an extension of the registration period.³
 Postnuptial execution and registration of an antenuptial contract: This occurs
when the parties agreed, expressly or tacitly, to marry out of community of property but
failed to execute a notarial contract before the marriage. They must then apply to the
High Court for an order to have a contract notarially executed and registered after the
marriage, based on guidelines laid down in Ex parte Oxford.⁴