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PVL2601 Assignment 2
(100% COMPLETE
ANSWERS) Semester 1
NO PLAGIARISM
[Year]
, 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 – Spouses retain
separate estates, but at the dissolution of the marriage (death or divorce), the spouse with
a smaller estate benefits from the accrual (growth) of the larger estate. This applies unless
the accrual system is expressly excluded in an antenuptial contract.
2. Marriage Out of Community of Property without the Accrual System – Spouses
maintain separate estates throughout the marriage and upon divorce or death. There is no
sharing of assets, and each spouse retains their pre-marital and post-marital property.
3. Customary Marriages Out of Community of Property – In terms of the Recognition
of Customary Marriages Act 120 of 1998, customary marriages are in community of
property unless an antenuptial contract stipulates otherwise.
(b) Does All the Matrimonial Property Belong to Mr Mkhize Alone? (7 marks)
Answer: No.
Mr and Mrs Mkhize were married on 15 June 1977, before the Matrimonial Property
Act 88 of 1984 came into effect.
PVL2601 Assignment 2
(100% COMPLETE
ANSWERS) Semester 1
NO PLAGIARISM
[Year]
, 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 – Spouses retain
separate estates, but at the dissolution of the marriage (death or divorce), the spouse with
a smaller estate benefits from the accrual (growth) of the larger estate. This applies unless
the accrual system is expressly excluded in an antenuptial contract.
2. Marriage Out of Community of Property without the Accrual System – Spouses
maintain separate estates throughout the marriage and upon divorce or death. There is no
sharing of assets, and each spouse retains their pre-marital and post-marital property.
3. Customary Marriages Out of Community of Property – In terms of the Recognition
of Customary Marriages Act 120 of 1998, customary marriages are in community of
property unless an antenuptial contract stipulates otherwise.
(b) Does All the Matrimonial Property Belong to Mr Mkhize Alone? (7 marks)
Answer: No.
Mr and Mrs Mkhize were married on 15 June 1977, before the Matrimonial Property
Act 88 of 1984 came into effect.
