Tutorial Letter 201/1/2015
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.
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.
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.
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
,[1] Proceedings relating to the recovery of non-patrimonial damages for a delict that was
committed against the spouse.
[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.
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
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
[4] Section 4(2) of the Divorce Act
7. Nowadays an employable woman is increasingly granted the following maintenance
award upon divorce:
[1] Token maintenance
[2] Permanent maintenance
[3] Rehabilitative maintenance
[4] Lump-sum maintenance
8. Parties married in accordance with the Civil Union Act 17 of 2006 may legally refer to
their marriage relationship as …
[1] a civil partnership only.
[2] a domestic partnership only.
2
,[3] a marriage or a civil partnership.
[4] a marriage or a domestic partnership.
9. Mr Khumalo married two wives in terms of customary law before the coming into
operation of the Recognition of Customary Marriages Act 120 of 1998. Their matrimonial
property system is …
[1] determined by customary law.
[2] in community of property.
[3] out of community of property with accrual.
[4] out of community of property without accrual
10. A parent’s duty of support in respect of a child will always terminate …
[1] when the parent is declared insolvent.
[2] when the child enters into a marriage.
[3] when the child is adopted.
[4] when the child becomes self-supporting.
Assignment 3
1. A man may not enter into a civil marriage with his ex-wife’s mother because they are
related to each other by ...
[1] consanguinity (blood relationship) in the direct line.
[2] consanguinity (blood relationship) in the collateral line.
[3] affinity (relationship by marriage) in the direct line.
[4] affinity (relationship by marriage) in the collateral line.
2. A putative marriage is described as a ...
[1] marriage which has simply never come into existence and which has no legal
consequences of a valid marriage.
[2] marriage in which grounds are present, either before or at the time of the wedding, on
the basis of which the court can be requested to set the marriage aside.
[3] marriage in which one of the parties (or both of them) enters into a marriage
while being unaware that there is a defect which renders the marriage void.
3
,[4] voluntary union of two persons solemnised and registered in accordance with the Civil
Union Act 17 of 2006.
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
4. An agreement between spouses in an antenuptial contract to the effect that the
surviving spouse will be the first-dying spouse’s sole heir is called a…
[1] donation inter vivos.
[2] pactum successorium.
[3] marriage settlement.
[4] reversion clause
5. Mr and Mrs Roux got married out of community of property with the accrual system in
2000. When they married, Mr Roux had R10 000 and no debts. Mrs Roux now sues Mr
Roux for a divorce. Suppose that during the subsistence of the marriage money
depreciated to such an extent that, according to the consumer price index, R2,00 now
has the same value as R1,00 had at the beginning of the marriage. Which one of the
following amounts reflects the net commencement value of Mr Roux’s estate at the time
of the dissolution of the marriage?
[1] R20 000
[2] R10 000
[3] R 5 000
[4] R 0
4
,6. Which one of the following is NOT a requirement that needs to be considered by the
court before an application for variation of the parties’ matrimonial property system will be
granted?
[1] There are sound reasons for the proposed change.
[2] The application must be made within a reasonable time.
[3] Notice of the proposed change has been given to all the creditors of the spouses.
[4] No other person will be prejudiced by the change
7. In which one of the following cases did the court issue a divorce decree in terms of the
Divorce Act 70 of 1979 but order the husband, who was unwilling to co-operate in giving
a get (a divorce in terms of Jewish religious law), to pay maintenance to his wife (who
was not otherwise entitled to maintenance from him) until such time as their marriage was
terminated by the granting of a get?
[1] Levy v Levy
[2] Wijker v Wijker
[3] Amar v Amar
[4] Schwartz v Schwartz
8. In which one of the following cases did the court hold that, for purposes of a decision
on whether rehabilitative maintenance should be awarded to a spouse after divorce, no
notional earning capacity will be attributed to a spouse who does not have the necessary
skills that will enable him or her to be trained or retrained for a job, occupation or
profession after divorce?
[1] Kooverjee v Kooverjee
[2] Botha v Botha
[3] Zwiegelaar v Zwiegelaar
[4] Kroon v Kroon
9. Sandile married Tumi on 5 January 2011 in terms of the Recognition of Customary
Marriages Act 120 of 1998. She was 17 years of age at the time of her marriage. She
turned 18 on 1 November 2011. Sandile wants to end the marriage and approached her
parents on her birthday for assistance. Her parents did not know that she was married.
Which one of the following statements is correct with regard to the marriage between
Sandile and Tumi?
5
, [1] Their marriage is void ab initio.
[2] Their marriage is valid and Sandile will have to divorce Tumi.
[3] Sandile can have the marriage set aside if she applies to the court on 31 January
2012.
[4] Sandile’s parents can have the marriage set aside if they apply to the court on 31
January 2012.
10. Mr and Mrs Khumalo married in terms of customary law before the coming into
operation of the Recognition of Customary Marriages Act 120 of 1998 without an
antenuptial contract. Mrs Khumalo is Mr Khumalo’s second wife in terms of customary
law. Their customary marriage is therefore polygynous in nature. Their matrimonial
property regime is …
[1] in community of property and profit and loss.
[2] out of community of property with accrual.
[3] out of community of property without accrual.
[4] determined by customary law.
11. In terms of section 8(1) of the Recognition of Customary Marriages Act 120 of 1998
a customary marriage is dissolved by divorce by ...
[1] returning the wife to her family’s homestead/family home.
[2] returning the lobolo to the husband’s family.
[3] an order of the Traditional Council.
[4] an order of the court
12. In which one of the following cases did the court grant a Muslim woman’s application
for maintenance pendente lite in terms of rule 43 of the Uniform Rules of Court even
though she had never entered into a civil marriage?
[1] AM v RM
[2] Ismail v Ismail
[3] Ryland v Edros
[4] Daniels v Campbell
6
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.
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.
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.
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
,[1] Proceedings relating to the recovery of non-patrimonial damages for a delict that was
committed against the spouse.
[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.
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
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
[4] Section 4(2) of the Divorce Act
7. Nowadays an employable woman is increasingly granted the following maintenance
award upon divorce:
[1] Token maintenance
[2] Permanent maintenance
[3] Rehabilitative maintenance
[4] Lump-sum maintenance
8. Parties married in accordance with the Civil Union Act 17 of 2006 may legally refer to
their marriage relationship as …
[1] a civil partnership only.
[2] a domestic partnership only.
2
,[3] a marriage or a civil partnership.
[4] a marriage or a domestic partnership.
9. Mr Khumalo married two wives in terms of customary law before the coming into
operation of the Recognition of Customary Marriages Act 120 of 1998. Their matrimonial
property system is …
[1] determined by customary law.
[2] in community of property.
[3] out of community of property with accrual.
[4] out of community of property without accrual
10. A parent’s duty of support in respect of a child will always terminate …
[1] when the parent is declared insolvent.
[2] when the child enters into a marriage.
[3] when the child is adopted.
[4] when the child becomes self-supporting.
Assignment 3
1. A man may not enter into a civil marriage with his ex-wife’s mother because they are
related to each other by ...
[1] consanguinity (blood relationship) in the direct line.
[2] consanguinity (blood relationship) in the collateral line.
[3] affinity (relationship by marriage) in the direct line.
[4] affinity (relationship by marriage) in the collateral line.
2. A putative marriage is described as a ...
[1] marriage which has simply never come into existence and which has no legal
consequences of a valid marriage.
[2] marriage in which grounds are present, either before or at the time of the wedding, on
the basis of which the court can be requested to set the marriage aside.
[3] marriage in which one of the parties (or both of them) enters into a marriage
while being unaware that there is a defect which renders the marriage void.
3
,[4] voluntary union of two persons solemnised and registered in accordance with the Civil
Union Act 17 of 2006.
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
4. An agreement between spouses in an antenuptial contract to the effect that the
surviving spouse will be the first-dying spouse’s sole heir is called a…
[1] donation inter vivos.
[2] pactum successorium.
[3] marriage settlement.
[4] reversion clause
5. Mr and Mrs Roux got married out of community of property with the accrual system in
2000. When they married, Mr Roux had R10 000 and no debts. Mrs Roux now sues Mr
Roux for a divorce. Suppose that during the subsistence of the marriage money
depreciated to such an extent that, according to the consumer price index, R2,00 now
has the same value as R1,00 had at the beginning of the marriage. Which one of the
following amounts reflects the net commencement value of Mr Roux’s estate at the time
of the dissolution of the marriage?
[1] R20 000
[2] R10 000
[3] R 5 000
[4] R 0
4
,6. Which one of the following is NOT a requirement that needs to be considered by the
court before an application for variation of the parties’ matrimonial property system will be
granted?
[1] There are sound reasons for the proposed change.
[2] The application must be made within a reasonable time.
[3] Notice of the proposed change has been given to all the creditors of the spouses.
[4] No other person will be prejudiced by the change
7. In which one of the following cases did the court issue a divorce decree in terms of the
Divorce Act 70 of 1979 but order the husband, who was unwilling to co-operate in giving
a get (a divorce in terms of Jewish religious law), to pay maintenance to his wife (who
was not otherwise entitled to maintenance from him) until such time as their marriage was
terminated by the granting of a get?
[1] Levy v Levy
[2] Wijker v Wijker
[3] Amar v Amar
[4] Schwartz v Schwartz
8. In which one of the following cases did the court hold that, for purposes of a decision
on whether rehabilitative maintenance should be awarded to a spouse after divorce, no
notional earning capacity will be attributed to a spouse who does not have the necessary
skills that will enable him or her to be trained or retrained for a job, occupation or
profession after divorce?
[1] Kooverjee v Kooverjee
[2] Botha v Botha
[3] Zwiegelaar v Zwiegelaar
[4] Kroon v Kroon
9. Sandile married Tumi on 5 January 2011 in terms of the Recognition of Customary
Marriages Act 120 of 1998. She was 17 years of age at the time of her marriage. She
turned 18 on 1 November 2011. Sandile wants to end the marriage and approached her
parents on her birthday for assistance. Her parents did not know that she was married.
Which one of the following statements is correct with regard to the marriage between
Sandile and Tumi?
5
, [1] Their marriage is void ab initio.
[2] Their marriage is valid and Sandile will have to divorce Tumi.
[3] Sandile can have the marriage set aside if she applies to the court on 31 January
2012.
[4] Sandile’s parents can have the marriage set aside if they apply to the court on 31
January 2012.
10. Mr and Mrs Khumalo married in terms of customary law before the coming into
operation of the Recognition of Customary Marriages Act 120 of 1998 without an
antenuptial contract. Mrs Khumalo is Mr Khumalo’s second wife in terms of customary
law. Their customary marriage is therefore polygynous in nature. Their matrimonial
property regime is …
[1] in community of property and profit and loss.
[2] out of community of property with accrual.
[3] out of community of property without accrual.
[4] determined by customary law.
11. In terms of section 8(1) of the Recognition of Customary Marriages Act 120 of 1998
a customary marriage is dissolved by divorce by ...
[1] returning the wife to her family’s homestead/family home.
[2] returning the lobolo to the husband’s family.
[3] an order of the Traditional Council.
[4] an order of the court
12. In which one of the following cases did the court grant a Muslim woman’s application
for maintenance pendente lite in terms of rule 43 of the Uniform Rules of Court even
though she had never entered into a civil marriage?
[1] AM v RM
[2] Ismail v Ismail
[3] Ryland v Edros
[4] Daniels v Campbell
6
