Summary PVL2601 Assignment 1 Semester 1 & 2 2021

NEW DEVELOPMENTS IN FAMILY LAW Below we refer you to developments in family law that affect the content of your prescribed study material. You have to study these developments as they are set out below. 1.1 Registration of customary marriages Heaton J and Kruger H South African Family Law (the prescribed textbook) on page 220 states that the registration of customary marriages concluded before the coming into operation of the Recognition of Customary Marriages Act had to occur by 31 December 2010. This date was extended until 31 December 2016 (GN 1000 GG 38290 of 12 December 2014). 2 INFORMATION ON THE EXAMINATION 2.1 A previous semester’s examination paper and memorandum In order to help you with your preparation and revision for the examination, we would like to give you the examination paper for October/November 2016 and our memorandum on it. This examination paper serves as an example of the type of questions we could ask in the examination at the end of the semester. SECTION A : MULTIPLE-CHOICE QUESTIONS Circle the correct answer. NB: In the examination you will have to answer this question on the mark reading sheet that will be provided. 1 A enters into a civil marriage with B. B has a sister, C. A and C are ... [1] blood relations in the direct line. [2] collateral blood relations. [3] relations by affinity in the direct line. [4] relations by affinity in the collateral line. (2) 2 In which one of the following cases did the court hold that solemnisation of a civil marriage in a garden does not render the marriage void? [1] National Coalition for Gay and Lesbian Equality v Minister of Home Affairs [2] Zulu v Zulu [3] Bam v Bhabha [4] Ex parte Dow (2) 3 In Mr and Mrs Nel’s antenuptial contract, Mr Nel undertakes to transfer an insurance policy to Mrs Nel as soon as their first child is born. This clause is called a ... [1] succession clause. [2] marriage settlement.4 [3] reversion clause. [4] “clean break” clause. (2) 4 Which one of the following statements is NOT a requirement that has to be met before a court will grant an application for variation of spouses’ matrimonial property system in terms of section 21(1) of the Matrimonial Property Act 88 of 1984? [1] Sufficient notice of the proposed change must be given to all the creditors of the spouses. [2] No other person must be prejudiced by the proposed change. [3] One of the spouses must apply to the High Court in writing for permission to change their matrimonial property system. [4] There must be sound reasons for the proposed change. (2) 5 In which one of the following cases did the court hold that a postnuptial contract between the spouses, which purported to exclude the accrual system and which was not registered in the deeds registry or entered into with leave of the court, is void and unenforceable between the parties themselves and as against third parties? [1] Ex parte Krös [2] Honey v Honey [3] Ex parte Burger [4] Amar v Amar (2) 6 Section 4(2) of the Divorce Act 70 of 1979 contains three guidelines which may indicate that a marriage has broken down irretrievably. Which one of the following is NOT one of these guidelines? [1] The parties have not lived together as husband and wife for a continuous period of at least one year immediately prior to the date of the institution of the divorce action. [2] The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship. [3] The defendant suffers from a mental illness or is continuously unconscious. [4] The defendant has been declared a habitual criminal by a court and has been imprisoned as a result of the sentence. (2) 7 Which one of the following statements regarding a settlement agreement between spouses which was not made an order of court is CORRECT? [1] The court is compelled to make an order in accordance with the settlement agreement. [2] A party can vary the agreement unilaterally. [3] The agreement can be enforced in the same way as an order of court. [4] The parties can regulate the division of their assets in such an agreement. (2) 8 Mr and Mrs Carrim were married with complete separation of property in 1982