PVL2601 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

PVL2601 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. 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) Does the fact that Mr ZZ had an affair play a role when the divorce court exercises its discretion when granting an order of forfeiture? Briefly explain your answer. 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) Which section of which Act regulates a claim for forfeiture of benefits? 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. Can the court grant forfeiture regardless of whether the marriage is dissolved on the ground of irretrievable breakdown, mental illness or continuous unconsciousness? Give a brief reason for your answer 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. Mr and Mrs Simpson married out of community of property without the accrual system in 2010. It was Mrs Simpson’s first marriage and Mr Simpson’s second marriage. Mr Simpson is much younger than Mr Simpson. She has never worked during the marriage, as Mr Simpson believes that a woman’s place is in the home. During the marriage, Mrs Simpson inherited a small apartment from her mother, which she immediately donated and transferred to Mr Simpson to thank him for taking good care of her. She has no other assets. After 15 years of marriage, Mr Simpson wants to get a divorce and marry a woman with whom he has been having an adulterous relationship for a year. The spouses are in agreement that neither of them will claim redistribution of assets on divorce. Advise Mrs Simpson of her chances of succeeding with a claim that Mr Simpson must forfeit the apartment, with reference to relevant legislation and case law. Question 1 Is the court bound to grant an order for full forfeiture of benefits? Very briefly explain your answer. 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] List the factors the court granting a divorce considers when deciding whether to grant a forfeiture order. Question 2 Mr and Mrs Deli entered into a civil marriage in community of property in 1983. Three children were born of the marriage: two sons, Irvin and Shaun, and a daughter, Camila. Mr Deli died in a car accident five months ago. At the time of Mr Deli’s death, Mr and Mrs Deli’s joint estate had a value of R1 million. Mr Deli died testate. His will reads as follows: ‘I leave 30% of my estate to my wife. 50% of my estate is to be shared equally among the children born of my marriage. I leave the remaining 20% of my estate to Ms Betty, my lover.’ No further provision has been made for Mrs Deli in Mr Deli’s will. Mrs Deli is 50 years old and has been a housewife for the duration of the marriage. She fears that she will be unable to maintain herself from the money she is entitled to according to the will and in terms of the matrimonial property system according to which she and Mr Deli were married. Mrs Deli approaches your law firm and seeks legal advice as a widow. With reference to legislation and case law, advise Mrs Deli whether she can claim maintenance from Mr Deli’s estate and, if so, which factors will be considered in determining her claim. You need not discuss the ways in which her claim, if any, can be disposed of or be settled. Question 1 For the past ten years, Ben has known that he is sterile. As Mary has repeatedly told Ben that she wants children, Ben fears that Mary will not want marry him if he tells her about his sterility. A year after the wedding, Ben tells Mary that he is sterile. Mary tells Ben that she would never have married him had she known that he was sterile. (a) Explain the meaning term of “voidable civil marriage”. (2) (b) Name seven grounds on which a voidable marriage can be set aside. (7) (c) Can a court order set aside Ben and Mary’s marriage? (1) [10] Question 2 Mpho and Sipho have been in a romantic relationship since 2000. In 2010, Sipho was involved in an accident at work which led to a hospitalisation lasting eight months. Throughout this period, Mpho remained by Sipho's side, offering her support and care. The accident left Sipho permanently disabled. In 2012, Sipho received lump sum compensation of R3 million from his employers’ insurance company. He invested R2 million and used R1 million to meet his needs. Two years later, in 2014, Sipho and Mpho got married in community of property. Unfortunately, the marriage was short-lived. In January 2023, Sipho initiated divorce proceedings. Apart from the sharing of the R2 million held in an investment account, the parties agree on all other aspects of their divorce. Mpho believes that, as the parties are married in community of property, they should share the R2 million and the interest on it equally, whereas Sipho argues that since the money originated from a payment under his employer’s insurance policy and relates to his disability, it is his alone. Explain the legal position regarding the R2 million that remains from the insurance pay-out to Mpho and Sipho. Refer to legislation and case law in your answer. Mr and Mrs ZZ have been married since June 1998. During the marriage Mr ZZ had an extramarital affair and a child was born out of this affair. Despite this, Mrs ZZ forgave Mr ZZ and continued with the marriage relationship. Mr ZZ was involved in a head-on collision in October 2000 that caused a permanent brain injury. Mrs ZZ continued with the marriage relationship but in January 2026 she filed for divorce and claimed forfeiture of benefits. Her claim for forfeiture of benefits is based on Mr ZZ having had an affair during their marriage. The parties are married in community of property. 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) Does the fact that Mr ZZ had an affair play a role when the divorce court exercises its discretion when granting an order of forfeiture? Briefly explain your answer. 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) Which section of which Act regulates a claim for forfeiture of benefits? 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. Can the court grant forfeiture regardless of whether the marriage is dissolved on the ground of irretrievable breakdown, mental illness or continuous unconsciousness? Give a brief reason for your answer 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. Mr and Mrs Simpson married out of community of property without the accrual system in 2010. It was Mrs Simpson’s first marriage and Mr Simpson’s second marriage. Mr Simpson is much younger than Mr Simpson. She has never worked during the marriage, as Mr Simpson believes that a woman’s place is in the home. During the marriage, Mrs Simpson inherited a small apartment from her mother, which she immediately donated and transferred to Mr Simpson to thank him for taking good care of her. She has no other assets. After 15 years of marriage, Mr Simpson wants to get a divorce and marry a woman with whom he has been having an adulterous relationship for a year. The spouses are in agreement that neither of them will claim redistribution of assets on divorce. Advise Mrs Simpson of her chances of succeeding with a claim that Mr Simpson must forfeit the apartment, with reference to relevant legislation and case law. Question 1 Is the court bound to grant an order for full forfeiture of benefits? Very briefly explain your answer. 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] List the factors the court granting a divorce considers when deciding whether to grant a forfeiture order. Question 2 Mr and Mrs Deli entered into a civil marriage in community of property in 1983. Three children were born of the marriage: two sons, Irvin and Shaun, and a daughter, Camila. Mr Deli died in a car accident five months ago. At the time of Mr Deli’s death, Mr and Mrs Deli’s joint estate had a value of R1 million. Mr Deli died testate. His will reads as follows: ‘I leave 30% of my estate to my wife. 50% of my estate is to be shared equally among the children born of my marriage. I leave the remaining 20% of my estate to Ms Betty, my lover.’ No further provision has been made for Mrs Deli in Mr Deli’s will. Mrs Deli is 50 years old and has been a housewife for the duration of the marriage. She fears that she will be unable to maintain herself from the money she is entitled to according to the will and in terms of the matrimonial property system according to which she and Mr Deli were married. Mrs Deli approaches your law firm and seeks legal advice as a widow. With reference to legislation and case law, advise Mrs Deli whether she can claim maintenance from Mr Deli’s estate and, if so, which factors will be considered in determining her claim. You need not discuss the ways in which her claim, if any, can be disposed of or be settled. Question 1 For the past ten years, Ben has known that he is sterile. As Mary has repeatedly told Ben that she wants children, Ben fears that Mary will not want marry him if he tells her about his sterility. A year after the wedding, Ben tells Mary that he is sterile. Mary tells Ben that she would never have married him had she known that he was sterile. (a) Explain the meaning term of “voidable civil marriage”. (2) (b) Name seven grounds on which a voidable marriage can be set aside. (7) (c) Can a court order set aside Ben and Mary’s marriage? (1) [10] Question 2 Mpho and Sipho have been in a romantic relationship since 2000. In 2010, Sipho was involved in an accident at work which led to a hospitalisation lasting eight months. Throughout this period, Mpho remained by Sipho's side, offering her support and care. The accident left Sipho permanently disabled. In 2012, Sipho received lump sum compensation of R3 million from his employers’ insurance company. He invested R2 million and used R1 million to meet his needs. Two years later, in 2014, Sipho and Mpho got married in community of property. Unfortunately, the marriage was short-lived. In January 2023, Sipho initiated divorce proceedings. Apart from the sharing of the R2 million held in an investment account, the parties agree on all other aspects of their divorce. Mpho believes that, as the parties are married in community of property, they should share the R2 million and the interest on it equally, whereas Sipho argues that since the money originated from a payment under his employer’s insurance policy and relates to his disability, it is his alone. Explain the legal position regarding the R2 million that remains from the insurance pay-out to Mpho and Sipho. Refer to legislation and case law in your answer. Mr and Mrs ZZ have been married since June 1998. During the marriage Mr ZZ had an extramarital affair and a child was born out of this affair. Despite this, Mrs ZZ forgave Mr ZZ and continued with the marriage relationship. Mr ZZ was involved in a head-on collision in October 2000 that caused a permanent brain injury. Mrs ZZ continued with the marriage relationship but in January 2026 she filed for divorce and claimed forfeiture of benefits. Her claim for forfeiture of benefits is based on Mr ZZ having had an affair during their marriage. The parties are married in community of property.