PVL2601
Assignment 2
Due 2025
, PVL2601 Assignment 2 – Semester 2 (2025)
Question 1
(a) Common-law requirements for the duty of support between spouses (3 marks)
Under South African common law, the reciprocal duty of support between spouses
arises automatically when they enter into a valid civil marriage. For this duty to apply,
three main requirements must be satisfied:
1. A legally valid marriage
o The parties must be lawfully married under South African civil law. Without
a valid marriage, there is no reciprocal duty of support recognised under
common law.
2. Demonstrated need for support
o One spouse must be in need of financial or material assistance to meet
essential living expenses. This duty is based on necessity rather than
providing luxuries.
3. Ability to provide support
o The other spouse must have the financial means to assist, and the extent
of support must be reasonable in light of the couple’s financial position
and standard of living.
The duty of support covers not only financial contributions but also the provision of basic
necessities such as food, clothing, accommodation, and medical care, proportionate
to the couple’s social and economic circumstances.
Authority:
Hahlo, The South African Law of Husband and Wife (1985) – affirms that
spouses must maintain each other in accordance with their means and needs.
Assignment 2
Due 2025
, PVL2601 Assignment 2 – Semester 2 (2025)
Question 1
(a) Common-law requirements for the duty of support between spouses (3 marks)
Under South African common law, the reciprocal duty of support between spouses
arises automatically when they enter into a valid civil marriage. For this duty to apply,
three main requirements must be satisfied:
1. A legally valid marriage
o The parties must be lawfully married under South African civil law. Without
a valid marriage, there is no reciprocal duty of support recognised under
common law.
2. Demonstrated need for support
o One spouse must be in need of financial or material assistance to meet
essential living expenses. This duty is based on necessity rather than
providing luxuries.
3. Ability to provide support
o The other spouse must have the financial means to assist, and the extent
of support must be reasonable in light of the couple’s financial position
and standard of living.
The duty of support covers not only financial contributions but also the provision of basic
necessities such as food, clothing, accommodation, and medical care, proportionate
to the couple’s social and economic circumstances.
Authority:
Hahlo, The South African Law of Husband and Wife (1985) – affirms that
spouses must maintain each other in accordance with their means and needs.
