Possible Exam questions
1. What distinguishes a void marriage from a voidable marriage under South African law?
A. Void marriages never had legal validity, while voidable marriages are valid until annulled.
B. Voidable marriages are automatically dissolved, while void marriages require a court order.
C. Void marriages can be corrected by mutual agreement, but voidable marriages cannot.
D. Void marriages always involve a breach of public policy, while voidable marriages do not.
2. Which constitutional rights are typically invoked in the context of family law disputes?
A. The right to privacy and equality
B. The right to life and freedom of expression
C. The right to education and healthcare
D. The right to property and administrative justice
3. What legal criteria must be met for a marriage officer to solemnize a civil union?
A. The couple must present proof of residence and identity.
B. The couple must satisfy all legal requirements for a civil marriage or customary marriage.
C. The marriage officer must belong to a recognized religious institution.
D. The couple must obtain a court certificate of compatibility.
4. Under what circumstances can a putative marriage arise, and what are its effects?
A. When one party fraudulently conceals their marital status; the marriage is deemed void with no
effects.
B. When both parties acted in good faith despite a legal impediment; the marriage is recognized to
protect innocent parties.
C. When the couple fails to register the marriage; the marriage has full legal effect after registration.
D. When cultural practices conflict with formal requirements; the marriage is automatically dissolved.
, 5. How does the accrual system account for the exclusion of specific assets in South African matrimonial
property law?
A. Excluded assets must be explicitly listed in the antenuptial contract.
B. Excluded assets are determined by a spouse’s financial contributions during the marriage.
C. Excluded assets are limited to inheritances and personal gifts.
D. Excluded assets include anything purchased before the marriage.
6. What are the key differences between delictual and contractual claims following the unlawful
termination of an engagement?
A. Delictual claims address emotional harm, while contractual claims address financial losses.
B. Contractual claims require proof of animus iniuriandi, while delictual claims do not.
C. Delictual claims focus on the engagement itself, while contractual claims focus on engagement gifts.
D. Contractual claims are based on statutory law, while delictual claims are based on customary law.
7. How does South African law determine whether a spouse is entitled to forfeiture of benefits in a
divorce?
A. Based on the length of the marriage and the financial contribution of each spouse
B. By considering the financial needs and future earning potential of the parties
C. By assessing the conduct of the parties and the extent of any undue benefit
D. Based solely on whether there was an antenuptial contract
8. In what ways has the Domestic Violence Act 116 of 1998 expanded the scope of protection for
victims?
A. By introducing mandatory criminal prosecution for abusers
B. By broadening the definition of domestic relationships and abusive behaviors
C. By allowing only physical violence cases to proceed without evidence
D. By providing financial assistance to all victims of abuse
9. What legal protections are afforded to children under Section 28 of the South African Constitution?
A. The right to education, shelter, and recreational activities
1. What distinguishes a void marriage from a voidable marriage under South African law?
A. Void marriages never had legal validity, while voidable marriages are valid until annulled.
B. Voidable marriages are automatically dissolved, while void marriages require a court order.
C. Void marriages can be corrected by mutual agreement, but voidable marriages cannot.
D. Void marriages always involve a breach of public policy, while voidable marriages do not.
2. Which constitutional rights are typically invoked in the context of family law disputes?
A. The right to privacy and equality
B. The right to life and freedom of expression
C. The right to education and healthcare
D. The right to property and administrative justice
3. What legal criteria must be met for a marriage officer to solemnize a civil union?
A. The couple must present proof of residence and identity.
B. The couple must satisfy all legal requirements for a civil marriage or customary marriage.
C. The marriage officer must belong to a recognized religious institution.
D. The couple must obtain a court certificate of compatibility.
4. Under what circumstances can a putative marriage arise, and what are its effects?
A. When one party fraudulently conceals their marital status; the marriage is deemed void with no
effects.
B. When both parties acted in good faith despite a legal impediment; the marriage is recognized to
protect innocent parties.
C. When the couple fails to register the marriage; the marriage has full legal effect after registration.
D. When cultural practices conflict with formal requirements; the marriage is automatically dissolved.
, 5. How does the accrual system account for the exclusion of specific assets in South African matrimonial
property law?
A. Excluded assets must be explicitly listed in the antenuptial contract.
B. Excluded assets are determined by a spouse’s financial contributions during the marriage.
C. Excluded assets are limited to inheritances and personal gifts.
D. Excluded assets include anything purchased before the marriage.
6. What are the key differences between delictual and contractual claims following the unlawful
termination of an engagement?
A. Delictual claims address emotional harm, while contractual claims address financial losses.
B. Contractual claims require proof of animus iniuriandi, while delictual claims do not.
C. Delictual claims focus on the engagement itself, while contractual claims focus on engagement gifts.
D. Contractual claims are based on statutory law, while delictual claims are based on customary law.
7. How does South African law determine whether a spouse is entitled to forfeiture of benefits in a
divorce?
A. Based on the length of the marriage and the financial contribution of each spouse
B. By considering the financial needs and future earning potential of the parties
C. By assessing the conduct of the parties and the extent of any undue benefit
D. Based solely on whether there was an antenuptial contract
8. In what ways has the Domestic Violence Act 116 of 1998 expanded the scope of protection for
victims?
A. By introducing mandatory criminal prosecution for abusers
B. By broadening the definition of domestic relationships and abusive behaviors
C. By allowing only physical violence cases to proceed without evidence
D. By providing financial assistance to all victims of abuse
9. What legal protections are afforded to children under Section 28 of the South African Constitution?
A. The right to education, shelter, and recreational activities
