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PVL2601
Family Law
Where one of the spouses has been forced to consent to a civil marriage, such
*a marriage is…
[1] void
[2] Voidable
[3] Valid
[4] Putative
Explanation:
When one of the spouses has been forced to consent to a civil marriage, the
nature of such marriage would be voidable. A voidable marriage is one that is
initially valid but can be later annulled or declared void by the court due to
specific legal grounds, such as coercion or duress.
Lovelyn and Harry are married in community of property. Lovelyn intends to
withdraw R50 000 from her personal bank account? What kind of consent does
Lovelyn require from Harry?
[1] Prior written consent attested by two competent witnesses
[2] Written consent attested by to competent witnesses
[3] Oral or tacit consent
[4] No consent
Explanation:
When Lovelyn, who is married in community of property with Harry, intends
to withdraw R50 000 from her personal bank account, she generally does
not require any specific consent from Harry. In a marriage in community of
property, both spouses have equal rights to manage and dispose of the
joint estate, which includes personal bank accounts. Therefore, Lovelyn can
typically withdraw the amount without requiring any consent from Harry.
Mary and John enter into a civil marriage. Neither of the parties nor the priest
who solemnised the marriage is aware of the fact that the parties have
common ancestor within the first degree of consanguinity. What is the nature
of such marriage?
[1] void
1
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[2] voidable
[3] Valid
[4] Putative
[4]
Upon dissolution of marriage out of community of property which is subject
to the accrual system, the spouses share in the
accumulated during the subsistence of the marriage.
[1] Assets (profits)
[2] Liabilities (debts)
[3] Separate estates
[4] Joint estate
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In terms of section 21(1) of the Matrimonial Property Act 88 of 1984, spouses
may jointly apply to court for leave to change the matrimonial property system
applicable to their marriage. One of three requirements to be met before the
court approve the application is that …
[1] The creditors must consent to the proposed change.
[2] All creditors’ claims must have been settled.
[3] No other person will be prejudiced by the proposed change.
[4] There is an equitable distribution of the spouses’ property.
In which of the following cases, did the Supreme Court of Appeal find that
maintenance in a lump sum could indeed be awarded by the court to a
surviving spouse in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[1] Reloomel v Ramsay
[2] Voortrekkerwinkels v Pretorious
[3] Oshry NNO v Feldman
[4] Levy v Levy
Which section of the Divorce Act 70 of 1979 creates an exception to the rule
that the court does not have the power to refuse to grant a divorce order where
it is proved that the marriage has broken down irretrievably?
[1] Section 3
[2] Section 4(1)
[3] Section 5(2)
[4] Section 5A
In which one of the following cases was it decided that the patrimonial
benefits of a marriage out of community of property which may be forfeited are
fixed at marriage by the term of parties’ antenuptial contract?
[1] Koza v Koza
[2] Persad v Persad
[3] Watt v Watt
[4] Wijker v Wijker
Which type of care is at issue if the court orders that a child must spend
substantial amounts of time, such as part of each week, or alternative weeks,
with each parent?
3
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PVL2601
Family Law
Where one of the spouses has been forced to consent to a civil marriage, such
*a marriage is…
[1] void
[2] Voidable
[3] Valid
[4] Putative
Explanation:
When one of the spouses has been forced to consent to a civil marriage, the
nature of such marriage would be voidable. A voidable marriage is one that is
initially valid but can be later annulled or declared void by the court due to
specific legal grounds, such as coercion or duress.
Lovelyn and Harry are married in community of property. Lovelyn intends to
withdraw R50 000 from her personal bank account? What kind of consent does
Lovelyn require from Harry?
[1] Prior written consent attested by two competent witnesses
[2] Written consent attested by to competent witnesses
[3] Oral or tacit consent
[4] No consent
Explanation:
When Lovelyn, who is married in community of property with Harry, intends
to withdraw R50 000 from her personal bank account, she generally does
not require any specific consent from Harry. In a marriage in community of
property, both spouses have equal rights to manage and dispose of the
joint estate, which includes personal bank accounts. Therefore, Lovelyn can
typically withdraw the amount without requiring any consent from Harry.
Mary and John enter into a civil marriage. Neither of the parties nor the priest
who solemnised the marriage is aware of the fact that the parties have
common ancestor within the first degree of consanguinity. What is the nature
of such marriage?
[1] void
1
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[2] voidable
[3] Valid
[4] Putative
[4]
Upon dissolution of marriage out of community of property which is subject
to the accrual system, the spouses share in the
accumulated during the subsistence of the marriage.
[1] Assets (profits)
[2] Liabilities (debts)
[3] Separate estates
[4] Joint estate
2
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In terms of section 21(1) of the Matrimonial Property Act 88 of 1984, spouses
may jointly apply to court for leave to change the matrimonial property system
applicable to their marriage. One of three requirements to be met before the
court approve the application is that …
[1] The creditors must consent to the proposed change.
[2] All creditors’ claims must have been settled.
[3] No other person will be prejudiced by the proposed change.
[4] There is an equitable distribution of the spouses’ property.
In which of the following cases, did the Supreme Court of Appeal find that
maintenance in a lump sum could indeed be awarded by the court to a
surviving spouse in terms of the Maintenance of Surviving Spouses Act 27 of
1990.
[1] Reloomel v Ramsay
[2] Voortrekkerwinkels v Pretorious
[3] Oshry NNO v Feldman
[4] Levy v Levy
Which section of the Divorce Act 70 of 1979 creates an exception to the rule
that the court does not have the power to refuse to grant a divorce order where
it is proved that the marriage has broken down irretrievably?
[1] Section 3
[2] Section 4(1)
[3] Section 5(2)
[4] Section 5A
In which one of the following cases was it decided that the patrimonial
benefits of a marriage out of community of property which may be forfeited are
fixed at marriage by the term of parties’ antenuptial contract?
[1] Koza v Koza
[2] Persad v Persad
[3] Watt v Watt
[4] Wijker v Wijker
Which type of care is at issue if the court orders that a child must spend
substantial amounts of time, such as part of each week, or alternative weeks,
with each parent?
3
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