PVL2601 (FAMILY LAW) EXAM PACK
2022 [OCT/NOV]
Written by:
WhatsApp: +27 63 991 0128
,Important cases to remember:
1. Ex Parte Dow: Applicant wanted marriage declared null & void, because the marriage took
place in a garden – The judge found nothing wrong with a marriage in a garden – application
failed.
2. Moola vs Aulsebrook: Applicant & her deceased husband went through marriage ceremony
solemnised in accordance with Islamic rites by a priest who was not duly appointed as a
marriage officer. (neither spouse was aware of that fact) They had 7 children – children
couldn’t inherit from father because was seen as born from unmarried parents. Argument
was that marriage was putative marriage even though statutory requirements for
solemnisation of marriage had not been complied with – Application was granted.
3. Bannatyne vs Bannatyne: The constitutional court held that contempt of court proceedings
are appropriate constitutional relief for the enforcement of a claim for the maintenance of
children (if the legislative remedies are in some way deficient.
4. Brookstein v Brookstein: The value of a divorcing spouse’s estate for purposes of
determining the accrual must be determined on the date when the divorce order is made.
, Multiple Choice Questions
Question 1
In which one of the following instances would a married women lose her right to claim maintenance from
her husband?
a. The spouses agree to live apart because they no longer love each other.
b. The wife moves out of the matrimonial home because she is having an affair with her
boss.
c. The wife moves out of the matrimonial home because her husband beats her.
d. The husband moves out of the matrimonial home because he is having an affair with his boss.
Question 2
For a parental responsibilities and rights agreement relating to guardianship to become enforceable, it
must be made an order of court by…?
a. A divorce court in a divorce matter
b. The family Advocate
c. The High court
d. The children’s court.
Question 3
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 maintaining of children?
a. Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
b. Fose v Minister of Safety and Security
c. Reloomel v Ramsay
d. Bannatyne v Bannatyne
Question 4
In Kooverjee v Kooverjee, a rehabilitative maintenance award was made in favour of the wife for a
substantial period. The maintenance amount was however, to be decreased every two years by an amount
of…?
a. R3000
b. R4000
c. R1000
d. R2000
Question 5
Mr and Mrs A are married in community of property. Which one of the following assests forms part of the
spouses’ joint estate?
a. An amount of R150 000 Mrs A received in terms of the friendly societies ACT 25 of 1956 during the
marriage.
b. Their matrimonial home, which is subject to a fideicommissum.
c. The diamond ring Mr A gave to Mrs A when the couple got married.
d. The motor vehicle Mrs A bought before she married Mr A.
2022 [OCT/NOV]
Written by:
WhatsApp: +27 63 991 0128
,Important cases to remember:
1. Ex Parte Dow: Applicant wanted marriage declared null & void, because the marriage took
place in a garden – The judge found nothing wrong with a marriage in a garden – application
failed.
2. Moola vs Aulsebrook: Applicant & her deceased husband went through marriage ceremony
solemnised in accordance with Islamic rites by a priest who was not duly appointed as a
marriage officer. (neither spouse was aware of that fact) They had 7 children – children
couldn’t inherit from father because was seen as born from unmarried parents. Argument
was that marriage was putative marriage even though statutory requirements for
solemnisation of marriage had not been complied with – Application was granted.
3. Bannatyne vs Bannatyne: The constitutional court held that contempt of court proceedings
are appropriate constitutional relief for the enforcement of a claim for the maintenance of
children (if the legislative remedies are in some way deficient.
4. Brookstein v Brookstein: The value of a divorcing spouse’s estate for purposes of
determining the accrual must be determined on the date when the divorce order is made.
, Multiple Choice Questions
Question 1
In which one of the following instances would a married women lose her right to claim maintenance from
her husband?
a. The spouses agree to live apart because they no longer love each other.
b. The wife moves out of the matrimonial home because she is having an affair with her
boss.
c. The wife moves out of the matrimonial home because her husband beats her.
d. The husband moves out of the matrimonial home because he is having an affair with his boss.
Question 2
For a parental responsibilities and rights agreement relating to guardianship to become enforceable, it
must be made an order of court by…?
a. A divorce court in a divorce matter
b. The family Advocate
c. The High court
d. The children’s court.
Question 3
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 maintaining of children?
a. Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
b. Fose v Minister of Safety and Security
c. Reloomel v Ramsay
d. Bannatyne v Bannatyne
Question 4
In Kooverjee v Kooverjee, a rehabilitative maintenance award was made in favour of the wife for a
substantial period. The maintenance amount was however, to be decreased every two years by an amount
of…?
a. R3000
b. R4000
c. R1000
d. R2000
Question 5
Mr and Mrs A are married in community of property. Which one of the following assests forms part of the
spouses’ joint estate?
a. An amount of R150 000 Mrs A received in terms of the friendly societies ACT 25 of 1956 during the
marriage.
b. Their matrimonial home, which is subject to a fideicommissum.
c. The diamond ring Mr A gave to Mrs A when the couple got married.
d. The motor vehicle Mrs A bought before she married Mr A.
