PVL2601
ASSIGNMENT 2
DUE DATE: APRIL 2025
, PVL2601: ASSIGNMENT 2 2025/1
Question 1
Mr and Mrs Mkhize have been the parties to a civil marriage since 15 June 1977. The
spouses never made a declaration before a magistrate, commissioner or marriage officer
on the matrimonial property system that would operate in their marriage. In January 2025,
Mr Mkhize informed Mrs Mkhize that he was no longer happy in their marriage, and he
proposed that it be ended. In the divorce summons, he indicated that all the matrimonial
property belongs to him alone because he owned some of the property when the spouses
married and bought the rest of the property during the subsistence of the marriage.
Answer the following questions:
(a) List the main variations of marriage out of community of property that occur in
South Africa.
In South Africa, marriages can be entered into out of community of property with different
variations.
Complete Separation of Property
This type of marriage is based on the principle of complete separation between the
spouses’ estates. Each spouse retains their own property and assets, both those owned
before and acquired during the marriage. There is no sharing of assets, and each party is
responsible for their own liabilities. This form of marriage is typically chosen through an
antenuptial contract that excludes both community of property and community of profit
and loss.¹
Marriage Out of Community of Property with the Accrual System
This variation involves a system where the assets accumulated during the marriage are
shared upon its dissolution. Each spouse retains their separate property acquired before
the marriage, but any wealth or property accumulated during the marriage is considered
jointly owned, with the accrual system determining how the assets are divided.² The
ASSIGNMENT 2
DUE DATE: APRIL 2025
, PVL2601: ASSIGNMENT 2 2025/1
Question 1
Mr and Mrs Mkhize have been the parties to a civil marriage since 15 June 1977. The
spouses never made a declaration before a magistrate, commissioner or marriage officer
on the matrimonial property system that would operate in their marriage. In January 2025,
Mr Mkhize informed Mrs Mkhize that he was no longer happy in their marriage, and he
proposed that it be ended. In the divorce summons, he indicated that all the matrimonial
property belongs to him alone because he owned some of the property when the spouses
married and bought the rest of the property during the subsistence of the marriage.
Answer the following questions:
(a) List the main variations of marriage out of community of property that occur in
South Africa.
In South Africa, marriages can be entered into out of community of property with different
variations.
Complete Separation of Property
This type of marriage is based on the principle of complete separation between the
spouses’ estates. Each spouse retains their own property and assets, both those owned
before and acquired during the marriage. There is no sharing of assets, and each party is
responsible for their own liabilities. This form of marriage is typically chosen through an
antenuptial contract that excludes both community of property and community of profit
and loss.¹
Marriage Out of Community of Property with the Accrual System
This variation involves a system where the assets accumulated during the marriage are
shared upon its dissolution. Each spouse retains their separate property acquired before
the marriage, but any wealth or property accumulated during the marriage is considered
jointly owned, with the accrual system determining how the assets are divided.² The
