30 Questions
What are the different types of clauses commonly found in marriage contracts?
Donations clauses, Succession clauses, Matrimonial property system
What are the general requirements for the conclusion of all contracts?
Parties must reach consensus, Parties must have capacity to act, Contract and performance must be lawful, Prescribed formalities, if there are any, Possibility of performance
What are the formal requirements specified in the Deeds Registries Act for an antenuptial contract?
Attested by notary, Registered in deeds registry, Within 3 months after date of execution
What is the consequence if an antenuptial contract is concluded but not registered?
It is not enforceable against third parties, but it is valid and binding between parties to the contract
What are the different types of postnuptial contracts?
Section 21(1) of MPA & section 7(4) of the RCMA, Section 7(6) of the RCMA, Contracts to alter current matrimonial property system applicable to the union, Contract by husband who wants to conclude a subsequent customary marriage, Voluntary application, Compulsory application
What are the requirements for a section 21 application to alter the matrimonial property system?
Joint application, Sound reasons, Creditors received sufficient notice, No other person prejudiced
What does section 7(4) of the RCMA provide for?
The alteration of property system of customary marriages concluded before RCMA
Can spouses change their property systems informally or extra-judicially?
No, they must use the procedure provided in section 21; any informal change is invalid
What does section 7(6) of the RCMA apply to?
Polygynous customary marriages after commencement of the RCMA
What is the effect of non-compliance with section 7(6) of the RCMA?
It does not affect the validity of the subsequent marriage, but it may affect the property system
What are the consequences of dissolution in marriage contracts?
The consequences of dissolution in marriage contracts include the division of matrimonial property, determining the rights and responsibilities of the parties, and any other contractual obligations specified in the contract.
What are the invariable consequences of dissolution in marriage contracts?
The invariable consequences of dissolution in marriage contracts are the division of matrimonial property and determining the rights and responsibilities of the parties.
What are the variable consequences of dissolution in marriage contracts?
The variable consequences of dissolution in marriage contracts are any other contractual obligations specified in the contract.
What can be found in the contents of marriage contracts?
Various types of clauses can be found in the contents of marriage contracts.
What types of clauses commonly found in marriage contracts?
Common types of clauses found in marriage contracts include donations clauses, succession clauses, and matrimonial property system clauses.
Are donations clauses permissible in marriage contracts?
Yes, donations clauses are permissible in marriage contracts as stated in section 22 of the MPA.
What advantages does including donations in marriage contracts have?
Including donations in marriage contracts allows for the inclusion of suspensive conditions, resolutive conditions, and time clauses.
Can donations in marriage contracts be subject to resolutive conditions?
Yes, donations in marriage contracts can be subject to resolutive conditions.
What is an example of a resolutive condition in a marriage contract?
An example of a resolutive condition in a marriage contract is the case of Cumming v Cumming, where one party donated a house to the other party subject to the condition that in the event of a separation, judicial or otherwise, or an order of divorce being made in any Court between the parties, the settlements shall revert to and become the sole and absolute property of the respondent.
What type of clauses are not allowed in marriage contracts?
Clauses that are in conflict with the law, good morals, or the nature of marriage are not allowed in marriage contracts.
What is the theme of the text?
The theme of the text is the law relating to life partnerships.
What is the topic of Week 6?
The topic of Week 6 is marriage contracts.
What are the validity requirements of life partnerships?
The validity requirements of life partnerships are not specified in the text.
What are the legal consequences of life partnerships?
The legal consequences of life partnerships are not specified in the text.
What are the consequences of dissolution of life partnerships?
The consequences of dissolution of life partnerships are not specified in the text.
What are the invariable consequences of life partnerships?
The invariable consequences of life partnerships are not specified in the text.
What are the variable consequences of life partnerships?
The variable consequences of life partnerships are not specified in the text.
What are the requirements for marriage contracts?
The requirements for marriage contracts are not specified in the text.
What are the marriage contracts of minors?
The marriage contracts of minors are not specified in the text.
What is the purpose of donations clauses in marriage contracts?
The purpose of donations clauses in marriage contracts is not specified in the text.
Test your knowledge on the law relating to life partnerships and marriage contracts with this quiz! Explore topics such as validity requirements, legal consequences, dissolution, and termination of marriage contracts. Learn about the contents of marriage contracts, requirements, and the implications for minors. Put your legal expertise to the test and see how well you understand these important aspects of life partnerships.
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