PVL2601
Assignment 02
Semester 2 2025
Due September 2025
, PVL2601
Assignment 02
Semester 2 2025
Due September 2025
Family Law
Question 1: Legal Advice on Spousal Maintenance and Antenuptial Contract
(a) Common-Law Requirements for the Duty of Support Between Spouses
The duty of support is a reciprocal legal obligation that arises automatically upon the
conclusion of a valid marriage. Under South African common law, three elements must
be satisfied for this duty to apply:
1. A Legally Valid Marriage
The duty arises only within marriages recognised under South African law. Valid
marriages include:
o Civil marriages under the Marriage Act 25 of 1961
o Customary marriages recognised under the Recognition of Customary
Marriages Act 120 of 1998
o Civil unions concluded under the Civil Union Act 17 of 2006
Cohabitation or informal relationships do not attract this obligation.
2. Demonstrable Need for Support
The spouse seeking support must prove financial need. Common examples
include spouses who have sacrificed careers to raise children or manage the
home. Courts assess need in the context of the couple’s previous standard of
living, with the aim of preserving a reasonable degree of financial continuity and
fairness.
Assignment 02
Semester 2 2025
Due September 2025
, PVL2601
Assignment 02
Semester 2 2025
Due September 2025
Family Law
Question 1: Legal Advice on Spousal Maintenance and Antenuptial Contract
(a) Common-Law Requirements for the Duty of Support Between Spouses
The duty of support is a reciprocal legal obligation that arises automatically upon the
conclusion of a valid marriage. Under South African common law, three elements must
be satisfied for this duty to apply:
1. A Legally Valid Marriage
The duty arises only within marriages recognised under South African law. Valid
marriages include:
o Civil marriages under the Marriage Act 25 of 1961
o Customary marriages recognised under the Recognition of Customary
Marriages Act 120 of 1998
o Civil unions concluded under the Civil Union Act 17 of 2006
Cohabitation or informal relationships do not attract this obligation.
2. Demonstrable Need for Support
The spouse seeking support must prove financial need. Common examples
include spouses who have sacrificed careers to raise children or manage the
home. Courts assess need in the context of the couple’s previous standard of
living, with the aim of preserving a reasonable degree of financial continuity and
fairness.
