Exam (elaborations) PVL2601

6/19/25, 10:45 AM




PVL2601 ACTUAL EXAM 2025-2026 \ COMPLETE
QUESTIONS AND CORRECT DETAILED ANSWERS \VERIFIED
100% ASSURED PASS\ALREADY GRADED A+




The marriage exists when one of the parties (or both
Putative marriage of them) enters into a civil marriage while being
unaware that there is a defect that renders the
marriage void.
1. One of the parties or both of them must be
unaware of the defect which renders their civil
Requirements of putative
marriages marriage void.


2. Due solemnisation
1. Although the marriage is void, it has some of the

legal consequences of a valid marriage.


2. Children born of this marriage are regarded as children born of
The consequences of a married parents.
putative marriage
3. If both parties were bona fide at the time of entering
into such a marriage and the marriage was concluded
without an ANC, the parties are treated as having
established a joint estate by virtue of having been
married in community of property.




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1. Neither spouse may enter into another civil
marriage, customary marriage or civil union with
anyone while the civil marriage subsists.


2. New impediments to a subsequent civil
marriage arise as a result of the relationship by
affinity that is created by the marriage.


The status of spouses in civil 3. A right of intestate succession is created between the spouses
marriages
As a result of a civil marriage, any children the couple had
4.
together before
entering into the marriage become children born of married
spouses.

5. The spouses have full parental responsibilities
and rights in respect of the children born of the
marriage


6. The spouses' capacity to act is restricted if they marry in
community of property.

A spouse who is a minor when he or she marries attains
7.
majority
This concept is concerned with the duties that arise from
Consortium omnis vitae in civil
marriages the relationship between married spouses
1. The reciprocal duty of support between spouses
Spousal maintenance in civil 2. Liability as against third parties
marriages Termination of the duty of support
3.

Such a marriage imposes a reciprocal duty of
The reciprocal duty of
support on the spouses, provided that the spouse
support between
who claims maintenance needs it and the spouse
spouses in civil
from whom it is claimed is able to provide it.
marriages
A third party who supplies a spouse with goods or
Liability as against third services that are needed for the spouse's maintenance
parties in civil marriages may hold the spouse who incurred the particular debt
liable in contract. In a marriage in a community of
property, the debt will be settled from the joint
estate.
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Termination of the duty of As indicated, the duty terminates upon dissolution of
support in civil marriages the marriage. Thus, in principle, the duty comes to an
end upon the death of either of the spouses
In order to run a household there are certain things that
Household necessaries in civil
marriages need to be purchased, such as food and clothes.
Things which are household Clothing for a spouse who is responsible for support
necessaries in civil
marriages
Things which are both Accommodation, food, clothing, medical and dental services
household necessaries and
fall within the duty of
support in civil marriages
Things which fall within the Litigation costs
duty of support in civil
marriages
1. The existence of a valid civil marriage
Requirements for the
capacity to incur debts 2. The existence of a joint household
for household necessaries
in civil marriages 3. The transaction must relate to household necessaries

Spouses usually share a home - the matrimonial home.
The matrimonial home in civil
marriages Both spouses have a right to occupy the home and
use the household assets such as furniture and
appliances
Donations between spouses married out of community of
Donations between
property have been
spouses in civil marriages
allowed since the commencement of the Matrimonial
Property Act on 1 November 1984
In marriage, a woman has the right to choose
whether she wants to use her husband's surname. A
The family name in civil
marriages husband does not have the same options, if he wants to
assume his wife's surname or add it to his own, he must
apply to the Director- General of Home Affairs.
In terms of our common law, the husband is the head
Headship of the family in civil of the family. In 1984, this common law rule was
marriages
expressly incorporated into section 13 of the

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Matrimonial Property Act.


1. A valid ANC, excluding community of property and
community of profit and loss.

2. A valid postnuptial notarial contract in which
community of property and community of profit
Cases in which community
and loss are excluded.
of property does not
arise
3. The husband was domiciled in a country where
separation of property automatically applies to
marriages.


4. The spouses are African persons who entered
into a civil marriage which is governed by section
22(6) of the Blacks Administration Act.
1. Assets

- General assets
- Separate assets
- Attachment of separate assets



2. Liabilities
- General debts

Contents of universal - Antenuptial debts

community of property - Debts incurred during the subsistence of the marriage

a. Contractual debts

b. Delictual debts

c. Other separate debts
- Debts which are outstanding at the dissolution of the marriage
a. Contractual debts

b. Delictual debts

1. Prior written consent, attested by two competent

witnesses, in respect of the transaction
separately

Acts for which the consent of
both spouses is required
2. Written consent, attested by two competent witnesses

3. Written consent without any further requirements

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