PVL2601 – Law of Persons– Assignment 02 2025 Model Answers

PVL2601 – Law of Persons– Assignment 02 2025 Model Answers This document contains complete model answers for PVL2601 Assignment 02 (Semester Module 01) for the academic year 2025 at the University of South Africa. It addresses key legal questions on the common-law duty of spousal support and the dissolution of civil marriages in conflict with religious doctrines. The content includes references to leading South African case law and statutory provisions relevant to family law. Keywords: spousal duty of support civil marriage divorce and religion Divorce Act 70 of 1979 Kemp v Kemp Butters v Mncora Sopjes v Sopjes family law principles PVL2601 answers UNISA law modules PVL2601: ASSIGNMENT 2 2025/2 Question 1 X and Z, engaged lovers, have come to you seeking legal advice. They want to sign an antenuptial contract. Mr Z informs you that Ms X is not employed and that he is taking care of her financially. However, should their marriage not succeed, he does not want to be responsible for her maintenance after divorce. Therefore, he instructs you that the antenuptial contract should contain a clause stating that neither spouse can claim post-divorce spousal maintenance if the marriage were to end in divorce. Answer the following questions: (a) What are the common-law requirements for the duty of support between spouses? (3) (b) If, during the marriage, Mr Z resigns from work and/or terminates his businesses, disposes of his assets and claims that he no longer has the means to support Ms X, will Ms X succeed in claiming spousal maintenance on the basis that Mr Z intentionally impoverished himself? Explain with reference to authority. (3) (c) When does the common-law duty of support between spouses terminate? Briefly explain with reference to authority. (3) (d) Is the clause in the antenuptial contract stating that neither spouse can claim post-divorce spousal maintenance valid? Answer ‘Yes’ or ‘No’. You need not explain your answer. (1) [10] Question 2 Mr and Mrs Deli are followers of the Roman-Catholic faith. In 1983, they entered into a dual marriage, that is, a marriage in terms of their religion (ie, the Roman-Catholic faith) as well as a civil marriage. Three children were born of the marriage. Five months ago, Mrs Deli noticed strange behaviour in Mr Deli’s daily routine and started suspecting that he might be having an affair. Mrs Deli’s suspicion turned out to be accurate, and she decided to sue for divorce in terms of the Divorce Act. The Roman-Catholic faith does not permit divorce and, in the Delis’ case, there are no grounds for annulment of the marriage in terms of their religion either. With reference to authority, advise Mrs Deli whether the court will grant a divorce in terms of the Divorce Act even though the spouses cannot divorce or have their marriage annulled in terms of the Roman-Catholic faith.