PVL2601 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (212823) - DUE 15 April 2024

PVL2601 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (212823) - DUE 15 April 2024 ; 100% TRUSTED workings, explanations and solutions. ......................................... Question 1 (a) Define a void marriage and a voidable marriage. (2) (b) Read the following scenarios and indicate whether each of the marriages is void or voidable. You must briefly explain your answer: (i) Bobby and Martha married three years ago. At the time of their wedding, Martha was pregnant with Robby’s child. The child, Lulu, was born six months after the wedding. Last week, Bobby discovered that he is not Lulu’s biological father. He tells Martha that he would never have married her had he known that she was pregnant with another man’s child. (2) (ii) Themba, a competent marriage officer, solemnises the marriage between Katlego and Kris. Katlego’s brother is the only other person who is present at the wedding. (2) (iii) For the past ten years, Ben has known that he is sterile. As Mary repeatedly told Ben that she wanted children, Ben feared that Mary would not want to marry him if he told her about his sterility. He informed Mary of his sterility last week, when she complained about the fact that, a year after they got married, she still had not fallen pregnant. Mary immediately told Ben that she would never have married him had she known that he was sterile. (2) (iv) 14-year-old Lerato and 19-year-old Thato conclude a marriage without the consent of their parents or any other person. (2) [8] [10] Question 2 Mr and Mrs XY have been married in community of property for 18 years. Mr XY is unemployed and is financially dependent on Mrs XY. In the past, Mrs XY gave Mr XY R15 000 per month to spend on his personal needs. Mr XY has a girlfriend that he has been seeing for the last six months. Upon discovering the affair, Mrs XY chased Mr XY out of their rental property and filed for divorce. In the summons, Mrs XY requests equal division of the joint estate, which consists only of household assets and debts. In his counterclaim, Mr XY pleads that he is an adult of 67 years and has been solely dependent on Mrs XY. He requests maintenance in the amount of R15 000 per month until remarriage or death. In her response to Mr XY’s counterclaim, Mrs XY pleads that Mr XY has automatically forfeited his right to claim maintenance because their marriage is being terminated, he is the cause of the termination, and he has moved in with his girlfriend and is in a life partnership with his girlfriend. With reference to legislation and case law, advise Mrs XY whether she is correct that Mr XY has automatically forfeited his right to claim maintenance due to the reasons she pleaded in her response to Mr XY’s counterclaim.