, 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)
At common law, spouses owe each other a reciprocal duty of support
during the existence of the marriage. The requirements for this duty
are:
1. Need on the part of one spouse
o The spouse claiming support must be in actual need of
maintenance, meaning they cannot meet their own
reasonable living expenses.
o Authority: Hahlo, The South African Law of Husband and
Wife (5th ed.) emphasizes that the duty is founded on need.
2. Ability to support on the part of the other spouse
o The other spouse must have the financial means to provide
the support.
o The duty is proportional to the means of the supporting
spouse.
o Authority: Van der Vyver & Joubert, Persone- en
Familiereg (1991).
3. Marital relationship between the parties
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)
At common law, spouses owe each other a reciprocal duty of support
during the existence of the marriage. The requirements for this duty
are:
1. Need on the part of one spouse
o The spouse claiming support must be in actual need of
maintenance, meaning they cannot meet their own
reasonable living expenses.
o Authority: Hahlo, The South African Law of Husband and
Wife (5th ed.) emphasizes that the duty is founded on need.
2. Ability to support on the part of the other spouse
o The other spouse must have the financial means to provide
the support.
o The duty is proportional to the means of the supporting
spouse.
o Authority: Van der Vyver & Joubert, Persone- en
Familiereg (1991).
3. Marital relationship between the parties
