, PVL2601 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE August 2025; 100% TRUSTED
Complete, trusted solutions and explanations.
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)
At common law, the duty of support between spouses arises from the
marriage relationship itself and has these key requirements:
1. Reciprocal duty – Both spouses owe the duty to one another,
regardless of gender or income level.
2. Proportional to means – Each spouse must contribute according
to his or her financial means.
3. Proportional to needs – The duty exists only to the extent of the
other spouse’s reasonable needs.
4. Arises automatically on marriage – It flows from the marital
bond and does not require a contract.
5. Includes necessities of life – Support covers accommodation,
food, clothing, medical care, and other necessities appropriate to
the couple’s standard of living.
6. Enforceable during marriage – A spouse can compel the other to
fulfil the duty through legal action if necessary.
Semester 2 2025 - DUE August 2025; 100% TRUSTED
Complete, trusted solutions and explanations.
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)
At common law, the duty of support between spouses arises from the
marriage relationship itself and has these key requirements:
1. Reciprocal duty – Both spouses owe the duty to one another,
regardless of gender or income level.
2. Proportional to means – Each spouse must contribute according
to his or her financial means.
3. Proportional to needs – The duty exists only to the extent of the
other spouse’s reasonable needs.
4. Arises automatically on marriage – It flows from the marital
bond and does not require a contract.
5. Includes necessities of life – Support covers accommodation,
food, clothing, medical care, and other necessities appropriate to
the couple’s standard of living.
6. Enforceable during marriage – A spouse can compel the other to
fulfil the duty through legal action if necessary.
