, PVL2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 Memo | Due 25
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
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 marks)
Under South African common law, the duty of support between
spouses arises automatically upon the conclusion of a valid marriage.
This duty is mutual and reciprocal and is based on the idea that spouses
must support one another according to their respective means and
needs.
The key requirements are:
1. Valid Marriage:
A lawful marriage (civil, civil union, or customary marriage) must
exist between the parties. The duty of support arises ipso jure (by
operation of law) upon marriage. (Ex parte Pienaar 1964 (1) SA
600 (O))
2. Need and Ability to Support:
One spouse must have a need for maintenance, and the other must
have the ability to provide support. If both are self-sufficient, the
duty may not be practically invoked, but legally, it still exists.
3. Reciprocity:
The duty is not one-sided. Both spouses owe each other support,
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
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 marks)
Under South African common law, the duty of support between
spouses arises automatically upon the conclusion of a valid marriage.
This duty is mutual and reciprocal and is based on the idea that spouses
must support one another according to their respective means and
needs.
The key requirements are:
1. Valid Marriage:
A lawful marriage (civil, civil union, or customary marriage) must
exist between the parties. The duty of support arises ipso jure (by
operation of law) upon marriage. (Ex parte Pienaar 1964 (1) SA
600 (O))
2. Need and Ability to Support:
One spouse must have a need for maintenance, and the other must
have the ability to provide support. If both are self-sufficient, the
duty may not be practically invoked, but legally, it still exists.
3. Reciprocity:
The duty is not one-sided. Both spouses owe each other support,
