PVL2601
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,PVL2601 OCTOBER NOVEMBER 2025 EXAM MEMO
Question 1
Sandile claims she entered into a customary marriage with Funani on 20 June 2020. She now
wants to sue Funani for divorce. Sandile produces a registration certificate as proof of her
marriage to Funani. She registered their customary marriage on her own on 2 May 2022 at
the Department of Home Affairs. Funani denies that Sandile is married to him in terms of
customary law and therefore claims that she cannot sue him for divorce. Which one of the
following statements is correct?
a. Sandile can proceed with the divorce as the marriage certificate is absolute proof of her
marriage to Funani. Funani cannot deny the existence of their customary marriage.
b. Sandile cannot register their customary marriage on her own and the certificate is invalid.
She cannot sue for divorce.
c. Funani can deny the validity of the certificate but will have to produce proof that they did
not conclude a valid customary marriage as the marriage certificate is only prima facie proof
of their marriage.
d. Sandile cannot register their marriage on her own and the certificate is invalid. She
can still sue Funani for divorce but will have to provide other proof that she is married
to Funani.
The marriage certificate alone is not final proof. She may still sue, but must bring other
evidence of the marriage.
Question 2
Mr and Mrs X married subject to complete separation of property on 1 January 1982. They
separated last year after having agreed to divorce. Mrs X instituted divorce proceedings in
January this year and is seeking an order for redistribution of assets in her favour in terms of
section 7(3) of the Divorce Act. Which date must be used to determine the value of the
spouses’ estates for purposes of the redistribution order?
a. The date when the spouses agreed to divorce
b. The date of the marriage
c. The date when the divorce order is made
,d. The date when the spouses separated
Asset value is determined as at the date of the court's divorce order, not separation or
agreement.
Question 3
Which one of the following statements about proceedings relating to the insolvency of
spouses married in community of property is INCORRECT?
a. An application for the surrender of a joint estate must be made by both spouses.
b. An application for the sequestration of a joint estate must be made against both spouses.
c. If a sequestration order is granted against only one of the spouses, the order is
invalid.
d. If a sequestration order is granted against only one of the spouses, the order nevertheless
relates to both spouses.
The order remains valid and binds both spouses in a community of property marriage.
Question 4
Sello and Puleng are parties to a civil marriage. They want to embrace their cultural heritage
and convert their civil marriage into a customary marriage. Is such a conversion possible?
a. Yes. In terms of customary law their marriage will be automatically converted when they
enter into the customary marriage.
b. No. The Recognition of Customary Marriages Act only allows parties in a customary
marriage to convert their marriage into a civil marriage.
c. Yes. The Recognition of Customary Marriages Act allows parties in a civil marriage
to convert their marriage into a customary marriage.
d. No. In terms of the customary law a civil marriage cannot be converted into a customary
marriage.
The Act allows for the conversion of civil marriages into customary ones.
, Question 5
If a person who has been placed under curatorship because he or she is unable to manage his
or her own affairs enters into a civil marriage without the curator's consent, the marriage is...
a. voidable at the instance of the curator.
b. void ab initio.
c. valid and unchallengeable.
d. voidable at the instance of the person who has been placed under curatorship.
The curator has the right to challenge the marriage as voidable—not automatically invalid.
Question 6
In a marriage in community of property, one spouse can obtain the other spouse's consent
after certain transactions relating to the joint estate have been concluded. Select the
transactions from the list below where such ratification is permitted:
I. Entering into a suretyship agreement
II. Withdrawing the other spouse's salary from his or her bank account
III. Entering into a contract to sell the spouses’ holiday home
IV. Receiving credit under a credit agreement in terms of the National Credit Act
a. I, II and IV
b. II and III
c. I and III
d. II, III and IV
Certain acts affecting the joint estate can be ratified after the fact, such as II and III.
Question 7
Section 6(3) of the Divorce Act provides, inter alia, that the court which makes a divorce
order may make any order it deems fit in respect of the maintenance of a dependent child of
the marriage. Which of the following persons has/have legal standing to claim maintenance
for an adult dependent child in terms of section 6(3)?
a. Only the adult dependent child.
b. Only the parent with whom the adult dependent child resides.
c. The parent and the adult dependent child.
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,PVL2601 OCTOBER NOVEMBER 2025 EXAM MEMO
Question 1
Sandile claims she entered into a customary marriage with Funani on 20 June 2020. She now
wants to sue Funani for divorce. Sandile produces a registration certificate as proof of her
marriage to Funani. She registered their customary marriage on her own on 2 May 2022 at
the Department of Home Affairs. Funani denies that Sandile is married to him in terms of
customary law and therefore claims that she cannot sue him for divorce. Which one of the
following statements is correct?
a. Sandile can proceed with the divorce as the marriage certificate is absolute proof of her
marriage to Funani. Funani cannot deny the existence of their customary marriage.
b. Sandile cannot register their customary marriage on her own and the certificate is invalid.
She cannot sue for divorce.
c. Funani can deny the validity of the certificate but will have to produce proof that they did
not conclude a valid customary marriage as the marriage certificate is only prima facie proof
of their marriage.
d. Sandile cannot register their marriage on her own and the certificate is invalid. She
can still sue Funani for divorce but will have to provide other proof that she is married
to Funani.
The marriage certificate alone is not final proof. She may still sue, but must bring other
evidence of the marriage.
Question 2
Mr and Mrs X married subject to complete separation of property on 1 January 1982. They
separated last year after having agreed to divorce. Mrs X instituted divorce proceedings in
January this year and is seeking an order for redistribution of assets in her favour in terms of
section 7(3) of the Divorce Act. Which date must be used to determine the value of the
spouses’ estates for purposes of the redistribution order?
a. The date when the spouses agreed to divorce
b. The date of the marriage
c. The date when the divorce order is made
,d. The date when the spouses separated
Asset value is determined as at the date of the court's divorce order, not separation or
agreement.
Question 3
Which one of the following statements about proceedings relating to the insolvency of
spouses married in community of property is INCORRECT?
a. An application for the surrender of a joint estate must be made by both spouses.
b. An application for the sequestration of a joint estate must be made against both spouses.
c. If a sequestration order is granted against only one of the spouses, the order is
invalid.
d. If a sequestration order is granted against only one of the spouses, the order nevertheless
relates to both spouses.
The order remains valid and binds both spouses in a community of property marriage.
Question 4
Sello and Puleng are parties to a civil marriage. They want to embrace their cultural heritage
and convert their civil marriage into a customary marriage. Is such a conversion possible?
a. Yes. In terms of customary law their marriage will be automatically converted when they
enter into the customary marriage.
b. No. The Recognition of Customary Marriages Act only allows parties in a customary
marriage to convert their marriage into a civil marriage.
c. Yes. The Recognition of Customary Marriages Act allows parties in a civil marriage
to convert their marriage into a customary marriage.
d. No. In terms of the customary law a civil marriage cannot be converted into a customary
marriage.
The Act allows for the conversion of civil marriages into customary ones.
, Question 5
If a person who has been placed under curatorship because he or she is unable to manage his
or her own affairs enters into a civil marriage without the curator's consent, the marriage is...
a. voidable at the instance of the curator.
b. void ab initio.
c. valid and unchallengeable.
d. voidable at the instance of the person who has been placed under curatorship.
The curator has the right to challenge the marriage as voidable—not automatically invalid.
Question 6
In a marriage in community of property, one spouse can obtain the other spouse's consent
after certain transactions relating to the joint estate have been concluded. Select the
transactions from the list below where such ratification is permitted:
I. Entering into a suretyship agreement
II. Withdrawing the other spouse's salary from his or her bank account
III. Entering into a contract to sell the spouses’ holiday home
IV. Receiving credit under a credit agreement in terms of the National Credit Act
a. I, II and IV
b. II and III
c. I and III
d. II, III and IV
Certain acts affecting the joint estate can be ratified after the fact, such as II and III.
Question 7
Section 6(3) of the Divorce Act provides, inter alia, that the court which makes a divorce
order may make any order it deems fit in respect of the maintenance of a dependent child of
the marriage. Which of the following persons has/have legal standing to claim maintenance
for an adult dependent child in terms of section 6(3)?
a. Only the adult dependent child.
b. Only the parent with whom the adult dependent child resides.
c. The parent and the adult dependent child.
