Test Your Knowledge on Postnuptial Contracts and Marriage Laws
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Questions and Answers

What is the effect of a reversionary clause/ resolutive condition in a postnuptial contract?

  • It cannot be changed while it is in stante matrimonio
  • It is enforceable between spouses and third parties
  • It changes the contract by court order (correct)
  • It renders the contract invalid

    • What is the effect of non-compliance with S7(6) on the validity of further marriages?

  • It puts the first marriage in the community of property
  • It puts subsequent marriages out of the community of property
  • It has no effect on the validity of further marriages (correct)
  • It affects the validity of further marriages

    • What happens to the values declared at commencement value in a marriage?

  • They are contractually bound (correct)
  • They are considered prima facie
  • They are irrelevant in determining the joint estate
  • They can be rebutted by any interested parties

    • What happens if a property is sold below its market value?

    <p>The property is considered a donation</p> Signup and view all the answers

    What is the effect of an act contrary to the consent provisions of S15(2) and (3)?

    <p>The act is void and the asset may be vindicated</p> Signup and view all the answers

    What is the effect of concluding a marriage without an antenuptial contract?

    <p>The marriage is deemed into ICOP</p> Signup and view all the answers

    When do consent requirements apply between living spouses?

    <p>In respect of the joint estate of spouses in community of property</p> Signup and view all the answers

    What did the WLCT case change for Muslim marriages?

    <p>Muslim marriages are default out of community of property</p> Signup and view all the answers

    According to Ex Parte Spinazze and Another, what is the status of an unregistered antenuptial contract against third party members?

    <p>It has no force.</p> Signup and view all the answers

    In the case of Ex Parte Kros and Another, what can the word 'future' be replaced with?

    <p>New</p> Signup and view all the answers

    According to TN v NN and Others, how should the divorce action and accrual action be combined?

    <p>They should be combined in a single action.</p> Signup and view all the answers

    In the case of Odendaal v Odendaal, what must be expressly excluded regarding the accrual system?

    <p>The accrual system must be expressly excluded.</p> Signup and view all the answers

    According to Ex Parte Spinazze and Another, is an unregistered antenuptial contract valid against the spouses themselves?

    <p>Yes, it is valid and enforceable.</p> Signup and view all the answers

    In Ex Parte Kros and Another, can the word 'new' be replaced with the word 'old'?

    <p>No</p> Signup and view all the answers

    According to TN v NN and Others, should the divorce action and accrual action be separated?

    <p>Yes, they should be separated.</p> Signup and view all the answers

    In Odendaal v Odendaal, what must be expressly included regarding the accrual system?

    <p>The accrual system must be expressly excluded.</p> Signup and view all the answers

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