Family Law
PVL 2601
ASSIGNMENT 2
SECOND SEMENSTER
2023
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Explanations
Workings
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Question 1
Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of
entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a
party to another civil marriage in community of property. Mrs Brown found out about the other
civil marriage after the death of Mr Brown. a) What type of marriage is Mr and Mrs Brown’s
marriage? (1) b) Mrs Brown approaches you for advice. As her attorney, advise her what the
patrimonial consequences of her marriage are. In your advice, you must discuss the conflicting
case law on the issue. (9) [10]
a) Mr and Mrs Brown's marriage is likely a civil marriage in community of property, as there was
no antenuptial contract in place.
b) As Mrs Brown's attorney, I would advise her that since there was no antenuptial contract, her
marriage with Mr Brown is presumed to be in community of property. This means that all assets
and liabilities acquired before and during the marriage are shared equally between them.
PVL 2601
ASSIGNMENT 2
SECOND SEMENSTER
2023
, Solutions
Explanations
Workings
Plagiarism free
100% trusted
Question 1
Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of
entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a
party to another civil marriage in community of property. Mrs Brown found out about the other
civil marriage after the death of Mr Brown. a) What type of marriage is Mr and Mrs Brown’s
marriage? (1) b) Mrs Brown approaches you for advice. As her attorney, advise her what the
patrimonial consequences of her marriage are. In your advice, you must discuss the conflicting
case law on the issue. (9) [10]
a) Mr and Mrs Brown's marriage is likely a civil marriage in community of property, as there was
no antenuptial contract in place.
b) As Mrs Brown's attorney, I would advise her that since there was no antenuptial contract, her
marriage with Mr Brown is presumed to be in community of property. This means that all assets
and liabilities acquired before and during the marriage are shared equally between them.
