PVL2601_2021Family Law

PVL2601_2021Family Law 1 A and B are married. They have a son, S. B also has a daughter, D, from a previous relationship. S and D are related to each other as follows: [1] They are blood relatives in the direct line. [2] They are collateral blood relatives. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line. (2) 2 A putative marriage is described as a marriage … [1] which has never come into existence and has none of the legal consequences of a valid marriage. [2] in which grounds are present, either before or at the time of the wedding, on the basis of which the court can be requested to set the marriage aside. [3] in which one of the parties (or both) enters into a marriage while being unaware that there is a defect which renders the marriage void. [4] that is solemnised and registered in accordance with the Civil Union Act. (2) 3 In which one of the following cases did the court hold that spouses become tied coowners in undivided and indivisible half-shares of all the assets and liabilities they have at the time of their marriage as well as all the assets and liabilities they acquire during the marriage? [1] Amalgamated Banks of South Africa Bpk v De Goede [2] Strydom v Engen Petroleum Ltd [3] Nel v Cockcroft [4] Estate Sayle v Commissioner for Inland Revenue (2) PVL2601/001/3/2021 7 4 Mr and Mrs Mahlangu are married in community of property. For which one of the following legal proceedings does Mr Mahlangu need Mrs Mahlangu’s written consent in terms of section 17 of the Matrimonial Property Act 88 of 1984? [1] Instituting legal proceedings against his brother in connection with the farm the brothers inherited from their father subject to the condition that the farm must never become part of any joint estate [2] Instituting legal proceedings for the recovery of non-patrimonial loss for a delict his neighbour committed against him [3] Instituting legal proceedings for the recovery of patrimonial loss for a delict his neighbour committed against him [4] Instituting legal proceedings against a client who supplies packaging material to the farm he and his brother inherited from their father subject to the condition that the farm must never become part of any joint estate (2) 5 Mr and Mrs Smith are married subject to the accrual system. Mr Smith died last week. At the time of his death, the accrual in his estate was R500 000 and the accrual in Mrs Smith’s estate was R100 000. Which one of the following amounts reflects the amount of the accrual claim Mrs Smith has against Mr Smith’s estate? [1] R200 000 [2] R250 000 [3] R300 000 [4] R400 000 (2) 6 Mr and Mrs Botha are married in community of property. Which of the following assets can be forfeited by Mr Botha if Mrs Botha succeeds with a claim for total forfeiture of benefits against him upon divorce? [1] The house Mrs Botha owned before the spouses married [2] The house Mr Botha owned before the spouses married [3] The car Mr Botha bought for himself during the marriage with money he derived from his business [4] The car Mr Botha bought for Mrs Botha’s personal use during the marriage with money he derived from his business (2) 8 7 In which one of the following cases did the court hold that a maintenance order that was made in terms of section 7(2) of the Divorce Act 70 of 1979 cannot be enforced against the deceased estate of the maintenance debtor? [1] Zwiegelaar v Zwiegelaar [2] Kooverjee v Kooverjee [3] Qoza v Qoza [4] Kruger v Goss (2) 8 Jane and Mary (both female) want to enter into a valid marriage. They will be able to conclude a ... [1] civil marriage. [2] universal partnership. [3] civil partnership. [4] customary marriage. (2) 9 Select the one correct option from the statements below. [1] A husband in a customary marriage may enter into a civil marriage with another woman. [2] A husband in a civil marriage may enter into a customary marriage with another woman. [3] A husband in a customary marriage may enter into a customary marriage with another woman. [4] A husband in a civil union may enter into a customary marriage with another woman. (2) 10 In which one of the following cases did the court appear to have held that a stepparent can incur liability for a stepchild’s maintenance on the ground of some sort of application of estoppel, that is the representation created by the step-parent to the child and the world at large? [1] Heystek v Heystek [2] MB v NB [3] Motan v Joosub [4] Petersen v Maintenance Officer.