,PVL2601 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE August 2025; 100%
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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) (b) If, during the
marriage, Mr Z resigns from work and/or terminates his
businesses, disposes of his assets and claims that he no longer
has the means to support Ms X, will Ms X succeed in claiming
spousal maintenance on the basis that Mr Z intentionally
impoverished himself? Explain with reference to authority. (3)
(c) When does the common-law duty of support between
spouses terminate? Briefly explain with reference to authority.
(3) (d) Is the clause in the antenuptial contract stating that
neither spouse can claim post-divorce spousal maintenance
, valid? Answer ‘Yes’ or ‘No’. You need not explain your answer.
(1) [10] Question 2 Mr and Mrs Deli are followers of the Roman-
Catholic faith. In 1983, they entered into a dual marriage, that
is, a marriage in terms of their religion (ie, the Roman-Catholic
faith) as well as a civil marriage. Three children were born of
the marriage. Five months ago, Mrs Deli noticed strange
behaviour in Mr Deli’s daily routine and started suspecting that
he might be having an affair. Mrs Deli’s suspicion turned out to
be accurate, and she decided to sue for divorce in terms of the
Divorce Act. The Roman-Catholic faith does not permit divorce
and, in the Delis’ case, there are no grounds for annulment of
the marriage in terms of their religion either. With reference to
authority, advise Mrs Deli whether the court will grant a divorce
in terms of the Divorce Act even though the spouses cannot
divorce or have their marriage annulled in terms of the Roman-
Catholic faith.
Question 1
(a) Common-law requirements for the duty of support
between spouses (3)
At common law, the duty of support between spouses arises
from the marriage relationship and has the following
requirements:
Semester 2 2025 - DUE August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
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) (b) If, during the
marriage, Mr Z resigns from work and/or terminates his
businesses, disposes of his assets and claims that he no longer
has the means to support Ms X, will Ms X succeed in claiming
spousal maintenance on the basis that Mr Z intentionally
impoverished himself? Explain with reference to authority. (3)
(c) When does the common-law duty of support between
spouses terminate? Briefly explain with reference to authority.
(3) (d) Is the clause in the antenuptial contract stating that
neither spouse can claim post-divorce spousal maintenance
, valid? Answer ‘Yes’ or ‘No’. You need not explain your answer.
(1) [10] Question 2 Mr and Mrs Deli are followers of the Roman-
Catholic faith. In 1983, they entered into a dual marriage, that
is, a marriage in terms of their religion (ie, the Roman-Catholic
faith) as well as a civil marriage. Three children were born of
the marriage. Five months ago, Mrs Deli noticed strange
behaviour in Mr Deli’s daily routine and started suspecting that
he might be having an affair. Mrs Deli’s suspicion turned out to
be accurate, and she decided to sue for divorce in terms of the
Divorce Act. The Roman-Catholic faith does not permit divorce
and, in the Delis’ case, there are no grounds for annulment of
the marriage in terms of their religion either. With reference to
authority, advise Mrs Deli whether the court will grant a divorce
in terms of the Divorce Act even though the spouses cannot
divorce or have their marriage annulled in terms of the Roman-
Catholic faith.
Question 1
(a) Common-law requirements for the duty of support
between spouses (3)
At common law, the duty of support between spouses arises
from the marriage relationship and has the following
requirements:
