PVL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 (319746) - DUE 27 March 2026

PVL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 (319746) - DUE 27 March 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ensure your success with us. Paul and Mary are involved in divorce litigation. They have a son, aged 6 and a daughter, aged 1. In which one of the following scenarios does the family advocate, according to the decision in Van Vuuren v Van Vuuren, not need to apply for an order authorising an enquiry in terms of the Mediation in Certain Divorce Matters Act Paul and Mary agree that Paul will be the care giving parent of the children after the divorce Paul and Mary agree that Mary will be the care giving parent of the children after the divorce Paul and Mary agree that care of the children should be awarded to Paul's parents after the divorce Paul and Mary agree that Paul will be the care giving parent of their son and Mary will be the care giving parent of their daughter after the divorce In a marriage in community of property, one spouse must obtain the consent of the other spouse for certain transactions. Select the transactions from the list below for which spousal consent is required. I Selling the other spouse’s shares II Buying shares for the other spouse III Buying household appliances for the common household IV Selling coins that are held as investments of the joint estate II and III All the transactions I and IV I, II and IV Mr and Mrs Khosa have a son called Papi. Mrs Khosa also has a daughter, Emi, from a previous marriage. Mrs Khosa has a brother, Lubanzi. Mr and Mrs Gumede are the parents of Mrs Khosa and Lubanzi. Lubanzi has a daughter called Anele. Which of the following persons may marry each other if all the current marriages end in divorce? Papi and Anele Mr Gumede and Emi Mr Gumede and Anele Lubanzi and Emi In which one of the following cases did the court hold that, for purposes of section 15 of the Matrimonial Property Act, the key issue in determining whether a person executed a deed of suretyship in the ordinary course of his or her business is whether the surety's involvement in that business is his or her business and whether the execution of the suretyship was in the ordinary course of the surety's business? Amalgamated Bank of South Africa Bpk v Lydenburg Passasiersdienste Amalgamated Banks of South Africa Bpk v De Goede Tesouriero v Bhyjo Investments Share Block Pty Ltd Strydom v Engen Petroleum Ltd Mr and Mrs B are married subject to the accrual system. When they married, Mrs B had a study debt of R100 000. Suppose that during the subsistence of the marriage money depreciated to such an extent that, according to the consumer price index, R2 now has the same value as R1 at the beginning of the marriage. Which one of the following amounts reflects the initial value of Mrs B's estate? R50 000 R100 000 R200 000 R0 Select the correct statements regarding the right of spouses to use each other’s family name from the list below. I A wife may assume her husband’s surname, but she is free to revert to her maiden surname while still married. II A wife who has assumed her husband’s surname but wants to revert to her maiden surname must first bring an application to the Director General of the Department of Home Affairs for permission to do so. III A husband may freely assume the surname of his wife and attach it to his surname to create a double barrel surname. IV A husband who wants to assume his wife’s surname must first bring an application to the Director General of the Department of Home Affairs for permission to do so. I and IV II and III II and IV I and III Sandile claims she entered into a customary marriage with Funani on 20 June 2020. She now wants to sue Funani for divorce. Sandile produces a registration certificate as proof of her marriage to Funani. She registered their customary marriage on her own on 2 May 2022 at the Department of Home Affairs. Funani denies that Sandile is married to him in terms of customary law and therefore claims that she cannot sue him for divorce. Which one of the following statements is correct? Sandile cannot register their customary marriage on her own and the certificate is invalid. She cannot sue for divorce. Sandile can proceed with the divorce as the marriage certificate is absolute proof of her marriage to Funani. Funani cannot deny the existence of their customary marriage. Sandile cannot register their marriage on her own and the certificate is invalid. She can still sue Funani for divorce but will have to provide other proof that she is married to Funani. Funani can deny the validity of the certificate but will have to produce proof that they did not conclude a valid customary marriage as the marriage certificate is only prima facie proof of their marriage. X and Y entered into a settlement agreement upon divorce which provides that X will pay maintenance to Y until death or remarriage. Y moved in with Z after a priest blessed their relationship because they did not want to live in sin. Based on the settlement agreement between X and Y, can X stop paying maintenance to Y? No, only a valid marriage will terminate X’s duty to pay maintenance. No, parties may not limit maintenance in a settlement agreement until remarriage. It is uncertain whether X can stop paying maintenance because it is unclear whether openly cohabiting as husband and wife qualifies as remarriage. Yes, the cohabitation is marriage-like and therefore qualifies as remarriage. A woman may not enter into a civil marriage with her ex husband’s father because they are related to each other by consanguinity in the collateral line affinity in the collateral line affinity in the direct line consanguinity in the direct line In which of the following cases did the court hold that if one spouse alleges in divorce proceedings that the other spouse transferred assets to a trust in order to try to evade the duty fully to account for his or her accrual, the court has the power to conduct an in depth examination of the facts to determine whether the trust form was abused? REM v VM also reported as Mills v Mills WT v KT PAF v SCF GN v JN also reported as Ndaba v Ndaba If a person who has been placed under curatorship because he or she is unable to manage his or her own affairs enters into a civil marriage without the curator's consent, the marriage is valid and unchallengeable void ab initio voidable at the instance of the curator voidable at the instance of the person who has been placed under curatorship Which one of the following statements about proceedings relating to the insolvency of spouses married in community of property is incorrect If a sequestration order is granted against only one of the spouses, the order nevertheless relates to both spouses If a sequestration order is granted against only one of the spouses, the order is invalid An application for the sequestration of a joint estate must be made against both spouses An application for the surrender of a joint estate must be made by both spouses A wife who is married in community of property does not need the consent of her husband to institute or defend legal proceedings relating to patrimonial damages for a delict she committed against a third party non patrimonial damages for a delict a third party committed against her patrimonial damages for a delict a third party committed against her non patrimonial damages for a delict she committed against a third party Co holders of parental responsibilities and rights must seek the assistance of ...................... when they prepare a parenting plan a Family Advocate, social worker or psychologist a Family Advocate, the High Court, or the Regional Court an attorney, a Family Advocate, a social worker or a psychologist a Family Advocate, the High Court, the Regional Court, or the Children's Court As a result of the decision of the Constitutional Court in ................................ all monogamous customary marriages are in community of property unless the spouses enter into an antenuptial contract Ramuhovhi v President of the Republic of South Africa Gumede v President of the Republic of South Africa MM v MN Holomisa v Holomisa Which of the following persons may approach the court for termination of a parenting plan that was made an order of court i The parties to the parenting plan ii The commissioner of child welfare iii Any person who is acting in the child’s best interests if the person has the consent of the court to apply for termination of the parenting plan iv The child in respect of whom the parties to the parenting plan have parental responsibilities if the child has the consent of the court to apply for termination of the parenting plan Only i and iv i, iii and iv i, ii and iii Only i and iii Co-holders of parental responsibilities and rights must seek the assistance of ...................... when they prepare a parenting plan. a Family Advocate, the High Court, or the Regional Court an attorney, a Family Advocate, a social worker or a psychologist a Family Advocate, the High Court, the Regional Court, or the Children's Court a Family Advocate, social worker or psychologist Section 6(3) of the Divorce Act provides, inter alia, that the court which makes a divorce order may make any order it deems fit in respect of the maintenance of a dependent child of the marriage. Which of the following persons has or have legal standing to claim maintenance for an adult dependent child in terms of section 6(3)? Only the adult dependent child. The Family Advocate and the adult dependent child. The parent and the adult dependent child. Only the parent with whom the adult dependent child resides. Mr and Mrs Tsholo are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Tsholo inherited R100 000 from her mother, received R100 000 for loss of income and R100 000 for pain and suffering, and received a donation of R100 000 from her uncle. Which one of the following amounts reflects the value of the assets that do not form part of the accrual in Mrs Tsholo's estate? R100 000 R300 000 R400 000 R200 000 When Mr and Mrs A divorced, the court ordered Mr A to pay R15 000 per month to Mrs A until her death or remarriage, with the amount increasing annually in accordance with the consumer price index. So far, Mr A has not made a single maintenance payment to Mrs A. Mrs A never remarried. Would Mr A be liable for all the amounts of arrear maintenance if Mrs A were to sue him twelve years after the divorce? No, because the obligations arising from a maintenance order prescribe 25 years after they arise. No, because the obligations arising from a maintenance order prescribe 3 years after they arise. Yes, because the obligations arising from a maintenance order never prescribe. Yes, because the obligations arising from a maintenance order prescribe 30 years after they arise. X and Y entered into a settlement agreement upon divorce which provides that X will pay maintenance to Y until death or remarriage. Y moved in with Z after a priest blessed their relationship because they did not want to live in sin. Based on the settlement agreement between X and Y, can X stop paying maintenance to Y? Yes, the cohabitation is marriage-like and therefore qualifies as remarriage. It is uncertain whether X can stop paying maintenance because it is unclear whether openly cohabiting as husband and wife qualifies as remarriage. No, only a valid marriage will terminate X’s duty to pay maintenance. No, parties may not limit maintenance in a settlement agreement until remarriage. Mr and Mrs B are married subject to the accrual system. When they married, Mrs B had a study debt of R100 000. Suppose that during the subsistence of the marriage money depreciated to such an extent that, according to the consumer price index, R2 now has the same value as R1 at the beginning of the marriage. Which one of the following amounts reflects the initial value of Mrs B's estate R100 000 R0 R50 000 R200 000 Mr and Mrs Tsholo are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Tsholo inherited R100 000 from her mother, received R100 000 for loss of income and R100 000 for pain and suffering, and received a donation of R100 000 from her uncle. Which one of the following amounts reflects the value of the assets that do not form part of the accrual in Mrs Tsholo's estate R100 000 R400 000 R200 000 R300 000 Mr and Mrs Abrams married subject to the accrual system in terms of a duly executed and registered antenuptial contract. During their marriage they entered into an agreement which was notarially executed but was neither registered in the deeds registry nor authorised by the court in terms of section 21(1) of the Matrimonial Property Act. This postnuptial contract purported to exclude the accrual system from their marriage. In terms of Honey v Honey, the postnuptial contract is unenforceable between the parties inter se, but enforceable as against third parties enforceable between the parties inter se, but unenforceable as against third parties unenforceable between the parties inter se as well as against third parties enforceable between the parties inter se as well as against third parties If a person who has been placed under curatorship because he or she is unable to manage his or her own affairs enters into a civil marriage without the curator's consent, the marriage is void ab initio valid and unchallengeable voidable at the instance of the person who has been placed under curatorship voidable at the instance of the curator In a marriage in community of property, one spouse must obtain the consent of the other spouse for certain transactions. Select the transactions from the list below for which spousal consent is required. I Selling the other spouse’s shares II Buying shares for the other spouse III Buying household appliances for the common household IV Selling coins that are held as investments of the joint estate II and III I, II and IV All the transactions I and IV Choose the incorrect statement regarding capacity to incur debts for household necessities. A spouse’s capacity to purchase household necessities is dependent on the variable consequences of a civil marriage. A spouse’s capacity to purchase household necessities is dependent on the commodities being household necessaries. A spouse’s capacity to conclude contracts for household necessities is dependent on the existence of a joint household. A spouse’s capacity to purchase household necessities is dependent on the existence of a valid civil marriage. Choose the incorrect statement regarding capacity to incur debts for household necessities. A spouse’s capacity to purchase household necessities is dependent on the variable consequences of a civil marriage. A spouse’s capacity to purchase household necessities is dependent on the existence of a valid civil marriage. A spouse’s capacity to purchase household necessities is dependent on the commodities being household necessaries. A spouse’s capacity to conclude contracts for household necessities is dependent on the existence of a joint household. In which one of the following cases did the court hold that the refusal of relocation applications has the potential to have a disproportionate impact on women, by restricting their mobility and subverting their interests and the personal choices that they make to those of their children and former spouses? F v F KLVC v SDI Jackson v Jackson Allsop v McCann Select the correct statement on capacity to marry from the list below. A mentally ill person can enter into a civil marriage if he or she is experiencing a lucidum intervallum, regardless of whether his or her curator consents to the marriage. A mentally ill person can enter into a civil marriage only if his or her curator consents to the marriage. A mentally ill person can never enter into a civil marriage, regardless of whether he or she is experiencing a lucidum intervallum and regardless of whether his or her curator consents to the marriage. A mentally ill person can enter into a civil marriage only if he or she is experiencing a lucidum intervallum and his or her curator consents to the marriage. Co-holders of parental responsibilities and rights must seek the assistance of ...................... when they prepare a parenting plan. an attorney, a Family Advocate, a social worker or a psychologist a Family Advocate, the High Court, or the Regional Court a Family Advocate, the High Court, the Regional Court, or the Children's Court a Family Advocate, social worker or psychologist Mrs Mthole is a divorcee who has been granted sole guardianship of her minor child. Mrs Mthole has drafted a will in which she nominated her mother as guardian of the minor child upon her death. She is worried that her ex-husband, Mr Mthole, will be awarded guardianship upon her death. Is Mrs Mthole entitled to decide who should obtain guardianship of the child upon her death? Yes, provided that the Master of the High Court consents to the nomination of Mrs Mthole’s mother. Yes, provided that the child consents to the nomination of Mrs Mthole’s mother. Yes, provided that Mr Mthole consents to the nomination of Mrs Mthole’s mother. Yes, and she does not need any consent or approval to do so. Mr and Mrs Khosa have a son called Papi. Mrs Khosa also has a daughter, Emi, from a previous marriage. Mrs Khosa has a brother, Lubanzi. Papi marries Zobuhle. Which of the following persons may marry each other after all the current marriages end in divorce? Mr Khosa and Zobuhle Lubanzi and Zobuhle Lubanzi and Emi Mr Khosa and Emi Which one of the following statements about proceedings relating to the insolvency of spouses married in community of property is incorrect? An application for the surrender of a joint estate must be made by both spouses. If a sequestration order is granted against only one of the spouses, the order nevertheless relates to both spouses. An application for the sequestration of a joint estate must be made against both spouses. If a sequestration order is granted against only one of the spouses, the order is invalid. The court’s discretion in terms of section 7(3) of the Divorce Act to redistribute assets on divorce ... does not apply to marriages concluded out of community of property without an antenuptial contract or other agreement in terms of the law of any of the former homelands. applies to marriages concluded out of community of property without an antenuptial contract or other agreement in terms of the law of the former Transkei only. applies to marriages concluded out of community of property without an antenuptial contract or other agreement in terms of the law of any of the former homelands. applies to marriages concluded out of community of property without an antenuptial contract or other agreement in terms of the law of the former Transkei and Ciskei only. Mr and Mrs Botha are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Botha inherited R100 000 from her mother, donated R100 000 to her father, and received R100 000 for loss of income, and R100 000 for pain and suffering. Which one of the following amounts reflects the value of the assets that do not form part of the accrual in Mrs Botha's estate? R300 000 R200 000 R100 000 R400 000 Section 6(3) of the Divorce Act provides that the court which makes a divorce order may make any order it deems fit in respect of the maintenance of a dependent child of the marriage. Which of the following persons has or have legal standing to claim maintenance for an adult dependent child in terms of section 6(3)? Only the parent with whom the adult dependent child resides. The parent and the adult dependent child. Only the adult dependent child. The Family Advocate and the adult dependent child. In a marriage in community of property, one spouse must obtain the consent of the other spouse for certain transactions. Select the transactions from the list below for which spousal consent is required. I Selling the other spouse’s shares II Buying shares for the other spouse III Buying household appliances for the common household IV Selling coins that are held as investments of the joint estate II and III I and IV All the transactions I, II and IV Mr and Mrs Abrams married subject to the accrual system in terms of a duly executed and registered antenuptial contract. During their marriage they entered into an agreement which was notarially executed but was neither registered in the deeds registry nor authorised by the court in terms of section 21(1) of the Matrimonial Property Act. This postnuptial contract purported to exclude the accrual system from their marriage. In terms of Honey v Honey, the postnuptial contract is ... enforceable between the parties inter se as well as against third parties. unenforceable between the parties inter se as well as against third parties. unenforceable between the parties inter se, but enforceable as against third parties. enforceable between the parties inter se, but unenforceable as against third parties. Sello and Puleng are parties to a civil marriage. They want to embrace their cultural heritage and convert their civil marriage into a customary marriage. Is such a conversion possible? Yes. In terms of customary law their marriage will be automatically converted when they enter into the customary marriage. Yes. The Recognition of Customary Marriages Act allows parties in a civil marriage to convert their marriage into a customary marriage. No. In terms of the customary law a civil marriage cannot be converted into a customary marriage. No. The Recognition of Customary Marriages Act only allows parties in a customary marriage to convert their marriage into a civil marriage. Paul and Mary are involved in divorce litigation. They have a son aged 6 and a daughter aged 1. In which one of the following scenarios does the family advocate, according to the decision in Van Vuuren v Van Vuuren, not need to apply for an order authorising an enquiry in terms of the Mediation in Certain Divorce Matters Act? Paul and Mary agree that Paul will be the care giving parent of the children after the divorce. Paul and Mary agree that Mary will be the care giving parent of the children after the divorce. Paul and Mary agree that care of the children should be awarded to Paul's parents after the divorce. Paul and Mary agree that Paul will be the care giving parent of their son and Mary will be the care giving parent of their daughter after the divorce. In which one of the following cases did the court hold that for purposes of section 15 of the Matrimonial Property Act the key issue in determining whether a person executed a deed of suretyship in the ordinary course of his or her business is whether the surety's involvement in that business is his or her business and whether the execution of the suretyship was in the ordinary course of the surety's business? Amalgamated Banks of South Africa Bpk v De Goede Tesouriero v Bhyjo Investments Share Block Pty Ltd Strydom v Engen Petroleum Ltd Amalgamated Bank of South Africa Bpk v Lydenburg Passasiersdienste Mr and Mrs Khosa have a son called Papi. Mrs Khosa also has a daughter Emi from a previous marriage. Mrs Khosa has a brother Lubanzi. Mr and Mrs Gumede are the parents of Mrs Khosa and Lubanzi. Lubanzi has a daughter called Anele. Which of the following persons may marry each other if all the current marriages end in divorce? Mr Gumede and Anele Papi and Anele Lubanzi and Emi Mr Gumede and Emi Mr and Mrs Tsholo are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Tsholo inherited R100 000 from her mother, received R100 000 for loss of income and R100 000 for pain and suffering, and received a donation of R100 000 from her uncle. Which one of the following amounts reflects the value of the assets that do not form part of the accrual in Mrs Tsholo's estate? R300 000 R400 000 R200 000 R100 000 In terms of the interim order in Women’s Legal Centre Trust v President of the Republic of South Africa the court’s power to redistribute assets in a Muslim marriage is … restricted to marriages concluded prior to 1 November 1984. not restricted and applies regardless of when the marriage was concluded. restricted to marriages concluded prior to 15 December 2014. restricted to marriages concluded after 15 December 2014. A woman may not enter into a civil marriage with her ex husband’s father because they are related to each other by consanguinity in the direct line. affinity in the direct line. affinity in the collateral line. consanguinity in the collateral line. Which one of the following is a ground for divorce in terms of the Divorce Act? Continuous unconsciousness Malicious desertion Imprisonment Adultery Which of the following persons may approach the court for termination of a parenting plan that was made an order of court i The parties to the parenting plan ii The commissioner of child welfare iii Any person who is acting in the child’s best interests if the person has the consent of the court to apply for termination of the parenting plan iv The child in respect of whom the parties to the parenting plan have parental responsibilities if the child has the consent of the court to apply for termination of the parenting plan i, ii and iii i, iii and iv Only i and iv Only i and iii In Mr and Mrs Khumalo's antenuptial contract Mr Khumalo undertakes to transfer an insurance policy to Mrs Khumalo as soon as their first child is born This clause is called a reversion clause marriage settlement clean break clause succession clause Which one of the following does not affect agreement to marry Error in personam Error in negotio Undue influence Immaterial misrepresentation