PVL2601_ Exam Memos.

PVL2601 - Family Law. PVL2601_Exam_Memos. A child born of married parents. c. This is where one or both of the parties are unaware at the time of contracting the marriage of the defect, which renders their marriage void and believe in good faith they were lawfully married. Such a marriage is void. The marriage is Void ab initio the court can’t declare a putative marriage valid as its VOID. If both parties’ bona fides at time of the marriage, and marriage was concluded without an Anc, they are then treated as having been married in cop and have a joint estate. If only one party was bona fides, the marriage will be treated as having been in cop if this will be to the advantage of the bona fides party. In terms of Zulu v Zulu, these rules don’t apply if the putative marriage was entered into while either of the parties was a spouse in an existing valid civil marriage in cop. If the parties entered into an anc in which cop was excluded, the marriage will be treated as being out of cop if this best serves the interests of the bona fides party or both of them if they were both bona fide. 5 | P a g e PRIM048 +27 (71) 224 5255 QUESTION 2 The accrual in Mr Naidoo estate is calculated as follows. Net value on dissolution. R 900 000. Minus net commencement value. (Deemed to be nil as not assets upon Marriage) R 0 Minus assets excluded from accrual • Leopard skin Donation R 40 000 • Non –Patrimonial damages (satisfaction Pain and suffering) R 160 000 Accrual R 700 000 (NOT EXCLUDED; Livestock, half share in spouses.) The accrual in Mrs Naidoo Estate is calculated as follows. Net value on dissolution. R 1 700 000. Minus net commencement value. (Cash adapted by CPI (50 000 X 2) R 100 000. Minus assets excluded from accrual • Inherited farm from father R 1 000 000 Accrual R 600 000. NOT Excluded: pension interest, half share in spouses home. Because Mrs Naidoo estate shows a less accrual she therefore has a claim against Mr Naidoo estate. Mr Naidoo accrual claim = ½ (R 700 000-R 600 000) = ½ (R100 000) THEREFORE ACCRUAL CLAIM IS =(R 50 000).