PVL2601 Assignment 2 2026 | Due 1 April 2026 - Distinction Guaranteed

PVL2601 Assignment 2 2026 | Due 1 April 2026 - Distinction Guaranteed. Question 1 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 (a)(i) Which section of which Act regulates a claim for forfeiture of benefits? A claim for forfeiture of patrimonial benefits in a divorce is regulated by section 9 of the Divorce Act 70 of 1979. For a marriage in community of property, section 9(1) empowers the court to order that the patrimonial benefits of the marriage be forfeited by one spouse in favour of the other. (Heaton & Kruger, ch 12, 168) Question 2 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 Mrs 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.