COURSE CODE: PVL2601
ASSIGNMENT 2 2026
Question 1
(a)
(i)
A claim for forfeiture of benefits is regulated by Section 9(1) of the Divorce Act 70
of 1979. This provision gives the court the authority to order that one spouse
forfeits the patrimonial benefits of the marriage when a divorce is granted.
(ii)
Yes. The court may grant forfeiture of benefits regardless of the ground on which
the divorce is granted, whether it is based on irretrievable breakdown, mental
illness, or continuous unconsciousness. The Divorce Act allows the court to
consider forfeiture once a divorce is granted if it appears that one party would
otherwise receive an undue benefit from the marriage.
(iii)
No, the court is not obliged to grant an order for full forfeiture of benefits. The
court has a discretion in this matter and may decide whether forfeiture should be
full, partial, or not granted at all, depending on the circumstances of the case.
(b)
When deciding whether to grant a forfeiture order, the court considers several
important factors:
The duration of the marriage.
The circumstances that led to the breakdown of the marriage.
Any substantial misconduct by either of the spouses during the marriage.
These factors help the court determine whether one spouse would receive an
unfair or undue benefit if forfeiture is not granted.
(c)
Yes, the fact that Mr ZZ had an extramarital affair may play a role when the court
exercises its discretion in deciding whether to grant a forfeiture order. Adultery
can be regarded as substantial misconduct, which is one of the factors that the
ASSIGNMENT 2 2026
Question 1
(a)
(i)
A claim for forfeiture of benefits is regulated by Section 9(1) of the Divorce Act 70
of 1979. This provision gives the court the authority to order that one spouse
forfeits the patrimonial benefits of the marriage when a divorce is granted.
(ii)
Yes. The court may grant forfeiture of benefits regardless of the ground on which
the divorce is granted, whether it is based on irretrievable breakdown, mental
illness, or continuous unconsciousness. The Divorce Act allows the court to
consider forfeiture once a divorce is granted if it appears that one party would
otherwise receive an undue benefit from the marriage.
(iii)
No, the court is not obliged to grant an order for full forfeiture of benefits. The
court has a discretion in this matter and may decide whether forfeiture should be
full, partial, or not granted at all, depending on the circumstances of the case.
(b)
When deciding whether to grant a forfeiture order, the court considers several
important factors:
The duration of the marriage.
The circumstances that led to the breakdown of the marriage.
Any substantial misconduct by either of the spouses during the marriage.
These factors help the court determine whether one spouse would receive an
unfair or undue benefit if forfeiture is not granted.
(c)
Yes, the fact that Mr ZZ had an extramarital affair may play a role when the court
exercises its discretion in deciding whether to grant a forfeiture order. Adultery
can be regarded as substantial misconduct, which is one of the factors that the
