6/19/25, 8:00 PM PVL2601 - STUDY UNIT 7 - DISSOLUTION OF A CIVIL MARRIAGE - GENERAL, AND DISSOLUTION BY DEATH Flashcards | Qu…
PVL2601 - STUDY UNIT 7 - DISSOLUTION OF A CIVIL
MARRIAGE - GENERAL, AND DISSOLUTION BY DEATH
A civil marriage can be dissolved in three ways:
WAYS IN WHICH A
a. by the death of one or both of the spouses
MARRIAGE IS DISSOLVED b. by the annulment of a voidable marriage
c. by divorce.
Rests on an agreement between the spouses that they will live
apart.
Spouses may agree on the proprietary consequences
which are to operate while they live apart, the payment
of maintenance, occupation of the matrimonial home,
parental responsibilities and rights in respect of their
EXTRA-JUDICIAL SEPARATION children and so for the.
Agreement does not bind third parties.
Operations only between spouses and binds the
spouses only for as long as both of them uphold it.
Despite separation agreement, either spouse may
institute divorce proceedings, seek an order in
connection with the parental responsibilities and rights
in respect of their children or approach the court to
amend the maintenance agreement they
entered into.
Marriage in community of property:
DISSOLUTION OF A CIVIL
MARRIAGE BY DEATH
Death of either spouse terminates both the marriage and the
community of property.
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, 6/19/25, 8:00 PM PVL2601 - STUDY UNIT 7 - DISSOLUTION OF A CIVIL MARRIAGE - GENERAL, AND DISSOLUTION BY DEATH Flashcards | Qu…
1. in order to meet creditors claims the executor is
both entitled and obliged to liquidate some, or even
all, of the assets of the joint estate.
DISADVANTAGES WHEN 2. control of the joint estate is removed from the
ONE OF THE SPOUSES DIES surviving spouse and vested in the executor.
Without the consent of the Master of the High Court
the surviving spouse may only deal with the assets of
the estate in order to preserve and protect them, to
pay the deceased's funeral expenses and to maintain
the household and the dependents of the deceased or
the surviving spouse
Marriage out of community of property
Antenuptial contracts are not terminated by the
death of either spouse. Any outstanding marriage
DISSOLUTION OF A CIVIL settlements and pacta successoria must be
MARRIAGE BY DEATH implemented.
Executor winds up only the deceased spouse's estate.
Surviving spouse must lodge any claims he or she has
against the deceased estate with the executor.
This includes a claim in terms of Section 23 of the
Matrimonial property act in respect of household
necessaries.
If accrual of surviving spouse's estate is less than
the accrual of the deceased spouse's estate the
surviving spouse must lodge a claim against the
IF ACCRUAL SYSTEM deceased spouse's estate and quantify the claim
APPLIES
If accrual of deceased spouse's estate is less than
the accrual of the surviving spouse's estate the
executor must lodge a claim against the surviving
spouse on behalf of the deceased spouse's estate
and quantify it.
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PVL2601 - STUDY UNIT 7 - DISSOLUTION OF A CIVIL
MARRIAGE - GENERAL, AND DISSOLUTION BY DEATH
A civil marriage can be dissolved in three ways:
WAYS IN WHICH A
a. by the death of one or both of the spouses
MARRIAGE IS DISSOLVED b. by the annulment of a voidable marriage
c. by divorce.
Rests on an agreement between the spouses that they will live
apart.
Spouses may agree on the proprietary consequences
which are to operate while they live apart, the payment
of maintenance, occupation of the matrimonial home,
parental responsibilities and rights in respect of their
EXTRA-JUDICIAL SEPARATION children and so for the.
Agreement does not bind third parties.
Operations only between spouses and binds the
spouses only for as long as both of them uphold it.
Despite separation agreement, either spouse may
institute divorce proceedings, seek an order in
connection with the parental responsibilities and rights
in respect of their children or approach the court to
amend the maintenance agreement they
entered into.
Marriage in community of property:
DISSOLUTION OF A CIVIL
MARRIAGE BY DEATH
Death of either spouse terminates both the marriage and the
community of property.
/ 1/5
, 6/19/25, 8:00 PM PVL2601 - STUDY UNIT 7 - DISSOLUTION OF A CIVIL MARRIAGE - GENERAL, AND DISSOLUTION BY DEATH Flashcards | Qu…
1. in order to meet creditors claims the executor is
both entitled and obliged to liquidate some, or even
all, of the assets of the joint estate.
DISADVANTAGES WHEN 2. control of the joint estate is removed from the
ONE OF THE SPOUSES DIES surviving spouse and vested in the executor.
Without the consent of the Master of the High Court
the surviving spouse may only deal with the assets of
the estate in order to preserve and protect them, to
pay the deceased's funeral expenses and to maintain
the household and the dependents of the deceased or
the surviving spouse
Marriage out of community of property
Antenuptial contracts are not terminated by the
death of either spouse. Any outstanding marriage
DISSOLUTION OF A CIVIL settlements and pacta successoria must be
MARRIAGE BY DEATH implemented.
Executor winds up only the deceased spouse's estate.
Surviving spouse must lodge any claims he or she has
against the deceased estate with the executor.
This includes a claim in terms of Section 23 of the
Matrimonial property act in respect of household
necessaries.
If accrual of surviving spouse's estate is less than
the accrual of the deceased spouse's estate the
surviving spouse must lodge a claim against the
IF ACCRUAL SYSTEM deceased spouse's estate and quantify the claim
APPLIES
If accrual of deceased spouse's estate is less than
the accrual of the surviving spouse's estate the
executor must lodge a claim against the surviving
spouse on behalf of the deceased spouse's estate
and quantify it.
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