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FAMILY LAW STUDY
PACK
1ST SEMESTER 2016
0718875769
, 1
Past Exam
Question &
Memo
1 Which one of the following is NOT a requirement for a civil
marriage?
[1] The marriage between the parties must be lawful.
[2] There must be agreement between the parties to enter into a
civil marriage with each other.
[3] The parties must both have attained the age of majority.
[4] The prescribed formalities must be complied with. (1)
1 [3] (1)
(See Heaton J South African Family Law [the prescribed
textbook] pp 15-18, 25-3, 3234 and the study guide p 3.)
2 Which one of the following is NOT a requirement for the duty of
support between spouses in a civil marriage?
[1] A valid civil marriage must exist between the parties.
[2] The person claiming support must be in need of support.
[3] The person claiming support must be unable to obtain
support from his or her parents.
[4] The person from whom the support is claimed must be able
to provide it. (1)
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 2
2 [3] (See the prescribed textbook p 46 and the study guide pp
20-21.)
3 Before their marriage, Jack and Gill agreed that they would
marry out of community of property. They signed an antenuptial
contract, but this contract was never properly executed and
registered. What must Jack and Gill now do to ensure that they
are formally married out of community of property?
[1] They must bring a court application in terms of section
21(1) of the Matrimonial Property Act 88 of 1984 for leave to
change their matrimonial property system.
[2] They must enter into a postnuptial written agreement and
have it notarially executed.
[3] They must bring a court application in terms of section 88
of the Deeds Registries Act 47 of 1937 for permission to have the
contract executed and registered after the marriage.
[4] They do not have to do anything.
(1)
3 [3]
(See the prescribed textbook pp 86-87 and the study guide pp
43-44.)
4 In which one of the following instances does a party who is
married in community of property NOT have capacity to litigate
according to section 17(1) of the Matrimonial Property Act 88 of
1984?
[1] Proceedings relating to the recovery of non-patrimonial
damages for a delict that was committed against the spouse.
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 3
[2] Proceedings with regard to the spouse’s profession, trade or
business.
[3] Proceedings relating to the spouse’s separate property.
[4] Proceedings with regard to household necessities.
(1)
4 [4]
(See the prescribed textbook pp 83-84 and the study guide pp
39.)
5 Which legal legal concept is used to determine that a normal
marriage relationship no longer exists between spouses?
[1] Boni mores
[2] Animus iniuriandi
[3] Pactum successorium
[4] Consortium omnis vitae
(1)
5 [4]
(See the prescribed textbook p 116 and the study guide p 68.)
6 Which one of the following sections contains guidelines which
indicate whether a marriage or civil union has broken down
irretrievably?
[1] Section 4(2) of the Mediation in Certain Divorce Matters Act
[2] Section 4(2) of the Matrimonial Affairs Act
[3] Section 4(2) of the Civil Union Act
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
FAMILY LAW STUDY
PACK
1ST SEMESTER 2016
0718875769
, 1
Past Exam
Question &
Memo
1 Which one of the following is NOT a requirement for a civil
marriage?
[1] The marriage between the parties must be lawful.
[2] There must be agreement between the parties to enter into a
civil marriage with each other.
[3] The parties must both have attained the age of majority.
[4] The prescribed formalities must be complied with. (1)
1 [3] (1)
(See Heaton J South African Family Law [the prescribed
textbook] pp 15-18, 25-3, 3234 and the study guide p 3.)
2 Which one of the following is NOT a requirement for the duty of
support between spouses in a civil marriage?
[1] A valid civil marriage must exist between the parties.
[2] The person claiming support must be in need of support.
[3] The person claiming support must be unable to obtain
support from his or her parents.
[4] The person from whom the support is claimed must be able
to provide it. (1)
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 2
2 [3] (See the prescribed textbook p 46 and the study guide pp
20-21.)
3 Before their marriage, Jack and Gill agreed that they would
marry out of community of property. They signed an antenuptial
contract, but this contract was never properly executed and
registered. What must Jack and Gill now do to ensure that they
are formally married out of community of property?
[1] They must bring a court application in terms of section
21(1) of the Matrimonial Property Act 88 of 1984 for leave to
change their matrimonial property system.
[2] They must enter into a postnuptial written agreement and
have it notarially executed.
[3] They must bring a court application in terms of section 88
of the Deeds Registries Act 47 of 1937 for permission to have the
contract executed and registered after the marriage.
[4] They do not have to do anything.
(1)
3 [3]
(See the prescribed textbook pp 86-87 and the study guide pp
43-44.)
4 In which one of the following instances does a party who is
married in community of property NOT have capacity to litigate
according to section 17(1) of the Matrimonial Property Act 88 of
1984?
[1] Proceedings relating to the recovery of non-patrimonial
damages for a delict that was committed against the spouse.
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 3
[2] Proceedings with regard to the spouse’s profession, trade or
business.
[3] Proceedings relating to the spouse’s separate property.
[4] Proceedings with regard to household necessities.
(1)
4 [4]
(See the prescribed textbook pp 83-84 and the study guide pp
39.)
5 Which legal legal concept is used to determine that a normal
marriage relationship no longer exists between spouses?
[1] Boni mores
[2] Animus iniuriandi
[3] Pactum successorium
[4] Consortium omnis vitae
(1)
5 [4]
(See the prescribed textbook p 116 and the study guide p 68.)
6 Which one of the following sections contains guidelines which
indicate whether a marriage or civil union has broken down
irretrievably?
[1] Section 4(2) of the Mediation in Certain Divorce Matters Act
[2] Section 4(2) of the Matrimonial Affairs Act
[3] Section 4(2) of the Civil Union Act
CONTACT: 0718875769
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
