Exam (elaborations) LAW PVL2602

1. Which one of the following is NOT a requirement for a civil marriage? [1] The marriage between the parties must be lawful. [2] There must be agreement between the parties to enter into a civil marriage with each other. [3] The parties must both have attained the age of majority. [4] The prescribed formalities must be complied with. 2. Which one of the following is NOT a requirement for the duty of support between spouses in a civil marriage? [1] A valid civil marriage must exist between the parties. [2] The person claiming support must be in need of support. [3] The person claiming support must be unable to obtain support from his or her parents. [4] The person from whom the support is claimed must be able to provide it. 3. Before their marriage, Jack and Gill agreed that they would marry out of community of property. They signed an antenuptial contract, but this contract was never properly executed and registered. What must Jack and Gill now do to ensure that they are formally married out of community of property? [1] They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change their matrimonial property system. [2] They must enter into a postnuptial written agreement and have it notarially executed. [3] They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for permission to have the contract executed and registered after the marriage. [4] They do not have to do anything. 4. In which one of the following instances does a party who is married in community of property NOT have capacity to litigate according to section 17(1) of the Matrimonial Property Act 88 of 1984? ...........................................CONTINUED................................................