Lecture 10 Sections

Question 1

Section 14 MPA

Question 2

Section 15(9)(a)

Question 3

Section 15(9)(b)

Answer 3

Protection for spouse whose consent was required

Question 4

Section 16(1)

Question 5

Section 16(2)

Question 6

Section 20

Question 7

Section 17(1)

Question 8

Section 17(7)

Question 9

Section 17(4) MPA

Question 10

Section 3(1) MPA

Answer 10

At dissolution of a marriage , the spouse whose estate shows no accrual or a smaller accrual
Such spouse can claim against spouse with higher accrual
Right us only vested upon conclusion

Question 11

Section 4(1) of the MPA

Answer 11

The accrual of the estate of a spouse is the amount by which the net value of the estate at the dissolution of the marriage (end value) exceeds the net value of the estate
at the conclusion of that marriage (the commencementvalue).

Question 12

Section 6(3)

Answer 12

The court concluded that the prima facie
amount is an absolute and final indication
which amounts to conclusive proof

Question 13

Section 87 Deeds Registries Act

Answer 13

• Attested by a notary
• Registered in a deeds registry within 3 months after
  the date of its execution.

Question 14

Section 87(2): Deeds Registries Act
* If the antenuptial contract is executed outside the
Republic:
 Attested by Notary
 Compliant with law of the country in which it is
executed
 Registered within 6 months in a deeds registry
after the date of its execution

Question 15

Section 88 : Deeds Registries Act
A court can under certain circumstances allow an antenuptial contract to be registered after the conclusion of the marriage provided the requirements prescribed in this section have been
met

Question 16

Section 21(1)

Answer 16

Applies to civil marriages and civil unions
alongside section 7(5) of the RCMA for monogamous customary marriages

Question 17

Section 7(4) of the RCMA

Answer 17

1) Provides for alternation of the property system of monogamous and polygynous customary marriages concluded before the commencement of the Act

Question 18

Section 21

Answer 18

1) Voluntary Applications for Alteration
2) Spouses must make a joint application
3) Sound reasons must be given for the application