PVL2601_2021_Family Law

PVL2601_2021_Family Law. SECTION A: MULTIPLE-CHOICE QUESTIONS 1 In which one of the following cases did the Constitutional Court hold that contempt proceedings in the High Court to secure the enforcement of a maintenance debt are appropriate constitutional relief for the enforcement of a claim for the maintenance of children? [1] Soller v Maintenance Magistrate, Wynberg [2] Burger v Burger [3] Mngadi v Beacon Sweets & Chocolates Provident Fund [4] Bannatyne v Bannatyne (Commission for Gender Equality, as Amicus Curiae) (2) 2 During the subsistence of a civil marriage, both spouses have a right to live in the matrimonial home ... [1] regardless of whether they are married in or out of community of property, and regardless of whether they share the expenses relating to the matrimonial home. [2] regardless of whether they are married in or out of community of property, but only if they share the expenses relating to the matrimonial home. [3] only if they are married out of community of property and share the expenses relating to the matrimonial home. [4] only if they are married in community of property and share the expenses relating to the matrimonial home. (2) 10 3 Mr and Mrs Naidoo are married in community of property. What form of consent does Mrs Naidoo require from Mr Naidoo to sell an expensive painting that forms part of their joint estate and that they bought as an investment? [1] Written consent without any further requirements [2] Written consent, attested by two competent witnesses [3] Prior written consent, attested by two competent witnesses [4] Oral consent (2) 4 Select the CORRECT word that is missing from the following statement: If a bona fide third party enters into a transaction with a person who is married in community of property and the person has not obtained the required consent to the transaction from his or her spouse, the transaction is _____________ in terms of section 15(9)(a) of the Matrimonial Property Act 88 of 1984. [1] void [2] valid [3] voidable [4] invalid (2) 5 Which one of the following statements relating to the decision in RD v TD in respect of spouses married subject to complete separation of property is correct? [1] The spouses may enter into an agreement that community of property will apply in their marriage. [2] The spouses may enter into a societas universorum bonorum (ie, a universal partnership relating to present and future assets, liabilities, profits and losses). [3] The spouses may enter into a societas universorum quae ex quaestu veniunt (ie, a universal partnership that is limited to the sharing of present and future assets, liabilities, profits and losses acquired from commercial undertakings). [4] The spouses may enter into all of the above agreements. (2) 6 What is an agreement between married parties to live apart called? [1] Judicial separation [2] Extra-judicial separation [3] Non-cohabitation [4] Divorce (2) PVL2601/001/3/2021 11 7 The legal definition of a “normal marriage relationship” for purposes of section 4(1) of the Divorce Act 70 of 1979 should be sought in the concept of _____________________ . [1] societas universorum bonorum [2] pactum successorium [3] consortium omnis vitae [4] error in negotio (2) 8 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 (2) 9 In terms of section 7(7)(a) of the Divorce Act 70 of 1979, a spouse’s pension interest is deemed to be part of his or her assets which can be considered in relation to division of the spouses’ assets upon divorce. Section 7(7)(a) does not apply to spouses who married … [1] in community of property. [2] out of community of property with the accrual system. [3] on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded. [4] before 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded. (2) 10 Which one of the following criteria does the court have to take into account when considering an order for the forfeiture of patrimonial benefits against a spouse in terms of section 9 of the Divorce Act 70 of 1979? [1] Undue benefit of the spouse [2] The principle of fairness [3] The one-third rule [4] The yardstick of equality (2) 12 11 Which one of the following statements is true regarding civil unions concluded in terms of the Civil Union Act 17 of 2006? [1] Minors cannot conclude a civil union. [2] Only same-sex couples can marry in terms of the Civil Union Act. [3] All the requirements for a valid civil union are the same as those of a civil marriage. [4] Parties are not allowed to conclude a lobolo agreement prior to concluding a civil union. (2) 12 A customary marriage that is not registered in terms of the Recognition of Customary Marriages Act 120 of 1998 is _____________ . [1] void [2] voidable [3] valid [4] putative (2) 13 The matrimonial property system of a monogamous or first customary marriage concluded after 15 November 2000 without an antenuptial contract is … [1] regulated by customary law. [2] in community of property. [3] out of community of property. [4] out of community of property with the accrual.