PVL2601
Assignment 2
(100%
COMPLETE
ANSWERS)
Semester 1
NO PLAGAIRISM
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Exam (elaborations)
PVL2601 Assignment 2 (100% COMPLETE
ANSWERS) Semester 1
Course
Family Law (PVL2601)
Institution
University Of South Africa
Book
Family Law
Family Law - PVL2601 Assignment 2 Semester 1 2025 - DUE April 2025 ;100
% TRUSTED workings, Expert Solved, Explanations and Solutions.
Question 1 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]
(a) Main Variations of Marriage Out of Community of Property in South Africa
(3 Marks)
In South Africa, there are two main variations of marriage out of community of property:
1. Marriage out of community of property with the accrual system – In this system,
each spouse retains ownership of their own property, but at divorce, the increase (accrual)
in their respective estates during the marriage is shared.