LPL4805 Semester 01 | Assignment 01
QUESTION 1.
John and Lerato intend to get married out of community of property. However,
John will be traveling to England soon and will return to South Africa on the day
of their wedding. John will not have an opportunity to appear before a notary to
execute their antenuptial contract before the solemnization of their marriage.
John and Lerato approached Mr Mbatha, a practising attorney in Pretoria for
legal assistance. How can Mr Mbatha assist the clients in fulfilling their wishes
to marry out of community of property? (5)
In terms of Section 87 of the Deeds Registry Act,1 an antenuptial contract must be
executed by a Notary before the date of marriage, failing which the contract is invalid
and the parties are declared to be married in community of property.
An antenuptial contract executed in the Republic of South Africa must be executed by
a practising notary. While it is a requirement that both intended spouses must sign the
antenuptial contract in the presence of the notary and two competent witnesses, the
spouses can also grant a power of attorney to a representative to sign it on their behalf.
For example, the parties may give a power of attorney to their attorney to sign their
antenuptial contract before a notary on their behalf. In the event that a party has to be
represented by an authorised representative, this fact must be clearly stated,
indicating that the power of attorney has been filed in the notary’s protocol.
Based on the above, John and Lerato can grant Mr Mbatha power of attorney to sign
the antenuptial contract on their behalf. Once Mr Mbatha has signed the antenuptial
contract on behalf of John and Lerato, it must be executed and attested by a notary.2
QUESTION 2
1 Deeds Registry Act 47 of 1937.
2 PD Brink Notarial Practice: Only Study Guide for LPL4805 (2016 University of South Africa) 36.
QUESTION 1.
John and Lerato intend to get married out of community of property. However,
John will be traveling to England soon and will return to South Africa on the day
of their wedding. John will not have an opportunity to appear before a notary to
execute their antenuptial contract before the solemnization of their marriage.
John and Lerato approached Mr Mbatha, a practising attorney in Pretoria for
legal assistance. How can Mr Mbatha assist the clients in fulfilling their wishes
to marry out of community of property? (5)
In terms of Section 87 of the Deeds Registry Act,1 an antenuptial contract must be
executed by a Notary before the date of marriage, failing which the contract is invalid
and the parties are declared to be married in community of property.
An antenuptial contract executed in the Republic of South Africa must be executed by
a practising notary. While it is a requirement that both intended spouses must sign the
antenuptial contract in the presence of the notary and two competent witnesses, the
spouses can also grant a power of attorney to a representative to sign it on their behalf.
For example, the parties may give a power of attorney to their attorney to sign their
antenuptial contract before a notary on their behalf. In the event that a party has to be
represented by an authorised representative, this fact must be clearly stated,
indicating that the power of attorney has been filed in the notary’s protocol.
Based on the above, John and Lerato can grant Mr Mbatha power of attorney to sign
the antenuptial contract on their behalf. Once Mr Mbatha has signed the antenuptial
contract on behalf of John and Lerato, it must be executed and attested by a notary.2
QUESTION 2
1 Deeds Registry Act 47 of 1937.
2 PD Brink Notarial Practice: Only Study Guide for LPL4805 (2016 University of South Africa) 36.
