StudyNotesWiki

  • Increase font size
  • Default font size
  • Decrease font size
Home Forum
Welcome, Guest
Please Login or Register.    Lost Password?

PVL2601 Semester 2
(4 viewing) Fikie29, Harry Nel, Vanilla V, (1) Guest
Go to bottomPage: 12
TOPIC: PVL2601 Semester 2
#278486
Re:PVL2601 Semester 2 3 Months, 2 Weeks ago Karma: 1
Niko! Only saw this now!
choonilal
Fresh Out of Matric
Posts: 4
graphgraph
Points: 43
graphgraph
User Offline Click here to see the profile of this user
The administrator has disabled public write access.
 
#278694
Re:PVL2601 Semester 2 3 Months, 1 Week ago Karma: 0
Hi there

I am done with assignment 2. Do you want to compare? rakhee108@gmail.com
30818877
Fresh Out of Matric
Posts: 10
graphgraph
Points: 155
graphgraph
User Offline Click here to see the profile of this user
The administrator has disabled public write access.
 
#279121
Re:PVL2601 Semester 2 3 Months ago Karma: 0
Hi

I would like to compare, can we just do it here instead of email?
StashaD
Fresh Out of Matric
Posts: 18
graphgraph
Points: 95
graphgraph
User Offline Click here to see the profile of this user
The administrator has disabled public write access.
 
#279167
Re:PVL2601 Semester 2 2 Months, 4 Weeks ago Karma: 0
1- 4
2-2
3-1
4-2
5-4
6-2
7-3
8-3
9-1
10-4
HeilaGericke
First Semester Boarder
Posts: 20
graphgraph
Points: 178
graphgraph
User Offline Click here to see the profile of this user
LLB
Semester 1 2017 : IOS2601, PVL2602, CLS2601, FUR2601, CIP2601
The administrator has disabled public write access.
 
#279171
Re:PVL2601 Semester 2 2 Months, 4 Weeks ago Karma: 0
Hi Heila

I have the same as you except for:

4 - 1 Because they are not registering it the first time, they are already married so they have to apply to High Court

What are your thoughts?
StashaD
Fresh Out of Matric
Posts: 18
graphgraph
Points: 95
graphgraph
User Offline Click here to see the profile of this user
Last Edit: 2017/09/12 10:12 By StashaD.
The administrator has disabled public write access.
 
#279222
Re:PVL2601 Semester 2 2 Months, 4 Weeks ago Karma: 0
Hi Stasha

Question 4 -

Before their marriage, Jack and Gill agreed that they would marry out of community of property. They signed an antenuptial contract, but the contract was never properly executed and registered. What must Jack and Gill do to ensure that they are formally married out of community of property?

Is this the question you are referring to?

Section 21(1) of the Matrimonial Property Act 88 provides for spouses to change their matrimonial property system.
Section 88 of the Deeds Registries Act - for permission to have the contract executed and registered after the marriage.

They do not want to change their Matrimonial property system, they only want to have it formally executed and registered.

The wording of section 21(1) indicates that it deals with a postnuptial change to the spouses’ matrimonial property system. Thus the section is not a means for bestowing full validity on the matrimonial property system the spouses selected in an informal antenuptial contract prior to marriage.3 In Ex parte Sanders4 the spouses’ antenuptial contract was apparently never properly executed and in any event never registered, which was their attorney’s fault. When the spouses discovered this state of affairs they successfully approached the court in terms of section 21(1) for permission to change their matrimonial property system to the one they had agreed upon prior to marriage. It is submitted that the court should not have granted the application, as changing the matrimonial property system was not at issue at all. What the spouses actually wanted to achieve was validity as against third parties of the matrimonial property system they had chosen before marriage, and which already operated as between them.5 Accordingly, their remedy lay in section 88 of the Deeds Registries Act 47 of 1937, which authorises spouses who concluded an informal antenuptial contract to apply to court for permission to have the contract formally executed and registered postnuptially, with the result that it becomes binding as against third parties.6 The same objection applies to Ex parte Engelbrecht.7 In this case, too, the spouses agreed that they would marry out of community of property. They did not enter into a formal antenuptial contract as they were under the mistaken impression that they could simply inform the marriage officer of their intention. When the marriage officer told them that such a declaration of intent was insufficient, they decided to go ahead with the wedding anyway as all the wedding arrangements had already been made. They later successfully approached the court for an order in terms of section 21(1) permitting them to change their matrimonial property system to separation of property.
HGericke
First Semester Boarder
Posts: 20
graphgraph
Points: 178
graphgraph
User Offline Click here to see the profile of this user
LLB
Semester 1 2017 : IOS2601, PVL2602, CLS2601, FUR2601, CIP2601
The administrator has disabled public write access.
 
#279230
Re:PVL2601 Semester 2 2 Months, 4 Weeks ago Karma: 0
Hi Heike

Thanks for your detailed answer.

In Ex Parte Sanders they had an existing contract and it was found that Deeds Act should of applied, and in Ex Parte Engelbrecht Matrimonial Act applied as no contract prior to marriage. And while agreement of anc is binding on the spouses regardless of existing contract, it is not binding on third parties.

At first I looked at it that by law you are not allowed execute an antenuptial contract after marriage, except with certain conditions in s.88 (see attached document). So when I looked at the conditions for registration in terms of s.88 it says : The parties must have acted immediately to rectify the matter as soon as they became aware of the non-registration of the agreement in the Deeds Registry. (divorceattorneyjoburg.co.za/antenuptial-contracts/)

I didn't see that in the example as it just says it wasn't executed but gives no reasons why or timelines for action, so I went with MPA, but I think I was over-analysing the scenario.

And some law firms give different advice so perhaps I shouldn't read other sources!

www.greyvensteins.co.za/Articles/entryid...ntenuptial-contracts

Thanks, I'll go with option 2
StashaD
Fresh Out of Matric
Posts: 18
graphgraph
Points: 95
graphgraph
User Offline Click here to see the profile of this user
The administrator has disabled public write access.
 
Go to topPage: 12

Advertisement

Polls

Are you happy with Unisa's online registration process?