LPL4805 Assignment 1 Semester 1 2026 – Due 19 March 2026

LPL4805 ASSIGNMENT 1 2026
DUE 19 MARCH 2026

Question 1

1. What is the difference between ante-nuptial contract and post-nuptial contract?

An ante-nuptial contract is a written contract executed and attested by a notary before
the solemnisation of a marriage. Its main aim is to regulate the matrimonial property
dispensation of the proposed marriage, primarily to exclude community of property and
community of profit and loss.¹ It is concluded on the assumption that the marriage will
take place and is enforceable between the parties once the marriage is solemnised.²

A post-nuptial contract refers to two distinct scenarios that occur after the marriage has
been solemnised:
 Postnuptial registration of an ante-nuptial contract: This occurs when an
antenuptial contract was properly executed by a notary before the marriage but was
not registered within the prescribed three months. The parties must then apply to the
High Court for an extension of the registration period.³
 Postnuptial execution and registration of an antenuptial contract: This occurs