PVL2601
Assignment 2 (100%
COMPLETE
ANSWERS) Semester
1
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
PVL2601 Assignment 2 (100% COMPLETE
ANSWERS) Semester 1
Course
Family Law (PVL2601)
Institution
University Of South Africa
Book
Family Law
Family Law - PVL2601 Assignment 2 Semester 1 2025 - DUE April 2025 ;100
% TRUSTED workings, Expert Solved, Explanations and Solutions.
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. (3) (b) Is Mr Mkhize correct that all the matrimonial property belong to
him alone? Answer ‘Yes’ or ‘No’, and explain your answer with reference to
authority. (7) [10]
(a) Main Variations of Marriage Out of Community of Property in South Africa
(3 Marks)
In South Africa, marriages out of community of property can occur in the following variations:
1. Out of Community of Property with the Accrual System – Each spouse retains their
own assets and liabilities acquired before and during the marriage. Upon dissolution of
the marriage, the spouse with a smaller accrual (growth in estate value) is entitled to half
the difference between the two estates, unless specifically excluded by an antenuptial
contract (ANC).
2. Out of Community of Property without the Accrual System – Each spouse retains full
ownership and control over their separate assets, both before and during the marriage.
There is no sharing of assets upon divorce, and each spouse leaves the marriage with
what they individually own.
3. Customary Marriages Registered with an Antenuptial Contract – Under the
Recognition of Customary Marriages Act 120 of 1998, customary marriages may be
Assignment 2 (100%
COMPLETE
ANSWERS) Semester
1
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
PVL2601 Assignment 2 (100% COMPLETE
ANSWERS) Semester 1
Course
Family Law (PVL2601)
Institution
University Of South Africa
Book
Family Law
Family Law - PVL2601 Assignment 2 Semester 1 2025 - DUE April 2025 ;100
% TRUSTED workings, Expert Solved, Explanations and Solutions.
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. (3) (b) Is Mr Mkhize correct that all the matrimonial property belong to
him alone? Answer ‘Yes’ or ‘No’, and explain your answer with reference to
authority. (7) [10]
(a) Main Variations of Marriage Out of Community of Property in South Africa
(3 Marks)
In South Africa, marriages out of community of property can occur in the following variations:
1. Out of Community of Property with the Accrual System – Each spouse retains their
own assets and liabilities acquired before and during the marriage. Upon dissolution of
the marriage, the spouse with a smaller accrual (growth in estate value) is entitled to half
the difference between the two estates, unless specifically excluded by an antenuptial
contract (ANC).
2. Out of Community of Property without the Accrual System – Each spouse retains full
ownership and control over their separate assets, both before and during the marriage.
There is no sharing of assets upon divorce, and each spouse leaves the marriage with
what they individually own.
3. Customary Marriages Registered with an Antenuptial Contract – Under the
Recognition of Customary Marriages Act 120 of 1998, customary marriages may be
