LPL4805 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 18 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
Question 1.
Briefly discuss the guidelines laid down in Ex Parte Oxford (1920 CPD 367) for a court application to register a postnuptial...
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LPL4805
Notarial Practice
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -
Due date: - 18 October 2023
Includes Footnotes and/or Bibliography
QUESTIONS – SEE PAGE 1
INCLUDES FOOTNOTES & BIBLIOGRAPHY
DETAILED ANSWERS
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Briefly discuss the guidelines laid down in Ex Parte Oxford (1920 CPD 367) for a
court application to register a postnuptial contract. (17)
In Ex parte Oxford (1920 CPD 367) the court laid down the following guidelines
for an application for the postnuptial execution and registration of a ante-nuptial
contract:
There must be an affidavit signed by both parties (1). Before the solemnisation
of the marriage both parties must have made a binding agreement, either
express or tacit, to marry out of community of property (1).
There must be good reasons why the parties did not have the agreement
executed by a notary and registered in the deed's office. The parties must have
made the application as soon as possible after realising that they had been
married in community of property (1).
The application must be accompanied by a copy of the contract (1). The rights
of creditors have to be protected when this order is made.
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