PVL2601: Family Law
May/June Examination 2026 Comprehensive Revision Guide
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South African Family Law
Exam Revision Guide
PVL2601
Module Code:
Family Law
Module Name:
May/June 2023 & May/June 2024
Papers Covered:
May/June 2026
Target Exam:
100 Marks
Total Marks:
2 Hours
Duration:
This guide covers authentic past paper questions with detailed answers. Focus on
understanding the legal principles, not just memorisation.
Exam Revision Notes | PVL2601 | 2026
,PVL2601 | Exam Revision Family Law May/June 2026
PART ONE: MAY/JUNE 2023 EXAMINATION
Section A: Multiple-Choice Questions (50 marks) | Section B: Long Questions (50 marks)
Section A Multiple-Choice Questions (2023) 50 marks
Key Concept
PVL2601 Section A consists of 25 multiple-choice questions worth 2 marks each (50
marks total). Each question tests a speci
c legal rule, case principle, or statutory pro-
vision. Eliminate wrong options systematically using your knowledge of the prescribed
textbook and legislation.
MCQ 1 2 marks
Question: Where one of the spouses has been forced to consent to a civil marriage, such
a marriage is: [1] void [2] voidable [3] valid [4] putative.
Answer: The correct answer is [2] voidable.
Key Concept
A marriage concluded under duress (force) is voidable, not void. A voidable
marriage is valid and legally binding until set aside by a court. Only the party
whose consent was forced may apply to have it annulled. If the parties continue
living together after the force ends, they may be deemed to have rati
ed the mar-
riage.
Void marriages have no legal eect from the outset (e.g., bigamy, incest within
prohibited degrees).
Voidable marriages are valid until set aside by court at the instance of an aggrieved
party.
Putative marriages arise where at least one party genuinely believed the marriage
was valid.
Grounds rendering a civil marriage voidable include: duress, undue in
uence, mis-
representation, and minority (without consent).
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,PVL2601 | Exam Revision Family Law May/June 2026
Exam Tip
Distinguish carefully between void and voidable. A void marriage produces no
legal eects; a voidable marriage does until annulled. Duress always gives void-
able, never void.
MCQ 2 2 marks
Question: Mary and John enter into a civil marriage. Neither of the parties nor the
priest who solemnised the marriage is aware that the parties share a common ancestor
within the
rst degree of consanguinity. What is the nature of such a marriage? [1] void
[2] voidable [3] valid [4] putative.
Answer: The correct answer is [4] putative.
A putative marriage arises when: (a) the marriage is in fact void (here, because par-
ties are related within prohibited degrees), AND (b) at least one party genuinely and
reasonably believed the marriage was valid. Here, neither Mary, John, nor the o
ciant
knew about the relationship, so both parties acted in good faith making this a classic
putative marriage.
Marriage within the
rst degree of consanguinity (e.g., parent-child, siblings) is
void by operation of law (Marriage Act 25 of 1961).
Good faith of at least one party converts what would be a void marriage into a
putative marriage.
A putative marriage produces certain legal consequences (e.g., legitimacy of children,
patrimonial consequences) even though the marriage itself is void.
Example
In Zulu v Zulu the court con
rmed that a putative marriage exists where parties
genuinely believed they were validly married, even though the marriage was in
fact null and void.
MCQ 3 2 marks
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, PVL2601 | Exam Revision Family Law May/June 2026
Question: Lovelyn and Harry are married in community of property. Lovelyn intends
to withdraw R50 000 from her personal bank account. What kind of consent does Love-
lyn require from Harry? [1] Prior written consent attested by two competent witnesses
[2] Written consent attested by two competent witnesses [3] Oral or tacit consent [4] No
consent.
Answer: The correct answer is [4] No consent.
Key Concept
Section 15(4) of the Matrimonial Property Act 88 of 1984 provides that a spouse
married in community of property does not require the other spouse's consent to
withdraw money from his or her own banking account. This is an exception to the
general rule that both spouses must consent to transactions involving joint estate
assets.
Withdrawing from a personal bank account no consent required (s 15(4)).
Alienating, encumbering, pledging, or donating immovable property both spouses
must consent in writing.
Withdrawing from a savings or investment account written consent may be
required depending on account classi
cation.
Exam Tip
Know the sections of the Matrimonial Property Act by heart: s 14 (transactions
requiring consent), s 15 (transactions not requiring consent), s 17 (repudiation of
debts).
MCQ 4 2 marks
Question: Before Mr and Mrs A married, they agreed that their marriage would be sub-
ject to complete separation of property but did not execute a formal antenuptial contract.
The agreement between Mr and Mrs A that they are married subject to complete separa-
tion of property is: [a] valid as between the spouses but invalid as against third parties.
[b] invalid as between the spouses and against third parties. [c] invalid as between the
spouses but valid as against third parties. [d] valid as between the spouses and against
third parties.
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