PVL2601
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: August 2025
QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three requirements
are met.
i. There must be a valid marriage between the parties.
ii. The spouse claiming support must be in actual need of such support.
iii. The spouse from whom the support is claimed must have the means to provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to their
respective means.1
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Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
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Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three
requirements are met.
i. There must be a valid marriage between the parties.
ii. The spouse claiming support must be in actual need of such support.
iii. The spouse from whom the support is claimed must have the means to
provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to
their respective means.2
(b) Claim for maintenance where one spouse intentionally impoverishes
themselves
If during the marriage Mr Z deliberately impoverishes himself by resigning from work,
closing his businesses or disposing of his assets in order to frustrate Ms X’s claim for
maintenance, the court will only make a maintenance order if it is satisfied that he
has the ability to pay.3
In Reyneke v Reyneke, the husband acted fraudulently to deprive the wife of
maintenance, but the court refused to deem him able to pay when he lacked actual
means.4
The court held that the actio Pauliana utilis and the right of recourse could not be
extended to create a fictional ability to pay.5 Therefore, Ms X’s claim would fail if Mr
Z genuinely has no means, despite his misconduct.
(c) Termination of the common-law duty of support
1
Heaton J and Kruger H South African Family Law 4ed (2015) LexisNexis Durban 46.
2
Oberholzer v Oberholzer 1947 (3) SA 294 (O).
3
Heaton and Kruger South African Family Law 47.
4
Reyneke v Reyneke 1990 (3) SA 927 (E).
5
Ibid.
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: August 2025
QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three requirements
are met.
i. There must be a valid marriage between the parties.
ii. The spouse claiming support must be in actual need of such support.
iii. The spouse from whom the support is claimed must have the means to provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to their
respective means.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three
requirements are met.
i. There must be a valid marriage between the parties.
ii. The spouse claiming support must be in actual need of such support.
iii. The spouse from whom the support is claimed must have the means to
provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to
their respective means.2
(b) Claim for maintenance where one spouse intentionally impoverishes
themselves
If during the marriage Mr Z deliberately impoverishes himself by resigning from work,
closing his businesses or disposing of his assets in order to frustrate Ms X’s claim for
maintenance, the court will only make a maintenance order if it is satisfied that he
has the ability to pay.3
In Reyneke v Reyneke, the husband acted fraudulently to deprive the wife of
maintenance, but the court refused to deem him able to pay when he lacked actual
means.4
The court held that the actio Pauliana utilis and the right of recourse could not be
extended to create a fictional ability to pay.5 Therefore, Ms X’s claim would fail if Mr
Z genuinely has no means, despite his misconduct.
(c) Termination of the common-law duty of support
1
Heaton J and Kruger H South African Family Law 4ed (2015) LexisNexis Durban 46.
2
Oberholzer v Oberholzer 1947 (3) SA 294 (O).
3
Heaton and Kruger South African Family Law 47.
4
Reyneke v Reyneke 1990 (3) SA 927 (E).
5
Ibid.
