, PVL2601 Assignment 2
Semester 2 2025
DUE August 2025
Use this document as a guide and for references to answer your assignment
Question 1
X and Z, engaged lovers, have come to you seeking legal advice. They want to sign
an antenuptial contract. Mr Z informs you that Ms X is not employed and that he is
taking care of her financially. However, should their marriage not succeed, he does
not want to be responsible for her maintenance after divorce. Therefore, he
instructs you that the antenuptial contract should contain a clause stating that
neither spouse can claim post-divorce spousal maintenance if the marriage were
to end in divorce.
Answer the following questions:
(a) What are the common-law requirements for the duty of support between
spouses?(3)
The duty of support in South African common law between spouses has the
following requirements:
1. Legal marriage – The parties must be married to each other in a valid
marriage.
2. Reciprocity – The duty applies to both spouses, regardless of gender or
income.
3. Needs-based – The spouse claiming support must be in need (cannot support
themselves adequately).
4. Means-based – The other spouse must have the financial means to provide
support.
5. Proportionality – The extent of support is determined with reference to the
standard of living during the marriage and each spouse’s means.
6. Includes necessities – Support covers not only food, clothing and shelter, but
also medical care and other reasonable needs according to their station in life.
Semester 2 2025
DUE August 2025
Use this document as a guide and for references to answer your assignment
Question 1
X and Z, engaged lovers, have come to you seeking legal advice. They want to sign
an antenuptial contract. Mr Z informs you that Ms X is not employed and that he is
taking care of her financially. However, should their marriage not succeed, he does
not want to be responsible for her maintenance after divorce. Therefore, he
instructs you that the antenuptial contract should contain a clause stating that
neither spouse can claim post-divorce spousal maintenance if the marriage were
to end in divorce.
Answer the following questions:
(a) What are the common-law requirements for the duty of support between
spouses?(3)
The duty of support in South African common law between spouses has the
following requirements:
1. Legal marriage – The parties must be married to each other in a valid
marriage.
2. Reciprocity – The duty applies to both spouses, regardless of gender or
income.
3. Needs-based – The spouse claiming support must be in need (cannot support
themselves adequately).
4. Means-based – The other spouse must have the financial means to provide
support.
5. Proportionality – The extent of support is determined with reference to the
standard of living during the marriage and each spouse’s means.
6. Includes necessities – Support covers not only food, clothing and shelter, but
also medical care and other reasonable needs according to their station in life.
