PVL2601 Assignment 1 {COMPLETE ANSWERS} Semester 1 2026 - Due Date 1 April 2026

, PVL2601 ASSIGNMENT 2 SEMESTER 1 2026

DUE DATE: 1 APRIL 2026

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Question 1

(a)

(i)
A claim for forfeiture of benefits is regulated by section 9(1) of the Divorce Act 70 of 1979.1




(ii)
Yes. The court may grant forfeiture regardless of whether the marriage is dissolved on the
ground of irretrievable breakdown, mental illness or continuous unconsciousness. This is
because section 9(1) applies generally to all divorces, irrespective of the ground upon which
the divorce is granted.2




(iii)
No. The court is not bound to grant an order for full forfeiture of benefits. The granting of
such an order is discretionary, and the court may order either full or partial forfeiture
depending on the circumstances of the case.3




(b)

The court considers the following factors when deciding whether to grant a forfeiture order:

1
Divorce Act 70 of 1979 s 9(1).
2
Heaton J South African Family Law 4 ed (2018) 130.
3
Divorce Act 70 of 1979 s 9(1); Wijker v Wijker 1993 (4) SA 720 (A).