2 2025 – DUE 25 August 2025; 100% correct solutions and
explanations.
QUESTION 1
(a) Common-law requirements for the duty of support between
spouses
In South African family law, the duty of support (maintenance)
between spouses arises by operation of law upon marriage and
continues for the duration of the marriage. This duty ceases when the
marriage ends, either through death or divorce. The common-law
requirements that must be satisfied for the duty of support to exist
between spouses include the following:
1. Existence of a valid marriage
The primary requirement for a duty of support between spouses is the
existence of a valid civil or customary marriage. The marriage must
be lawfully entered into in accordance with the Marriage Act 25 of 1961,
the Recognition of Customary Marriages Act 120 of 1998, or the Civil
Union Act 17 of 2006. Cohabitation alone does not give rise to a duty of
support at common law.
2. Reciprocal nature of the duty
The duty of support is reciprocal, meaning that both spouses owe the
duty to each other, regardless of their respective financial positions. A
husband and wife are mutually obligated to contribute to the
maintenance of the other, based on their respective means and the needs
of the other spouse.