PVL2601
Assignment 02
Semester 2 2025
Due September 2025
, PVL2601
Assignment 02
Semester 2 2025
Due September 2025
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 between spouses is a reciprocal legal obligation arising from
marriage. For this duty to exist under common law, three conditions must be met:
1. A Legally Valid Marriage
A support obligation arises only where the marriage is recognised under South African
law. Valid forms include civil marriages under the Marriage Act 25 of 1961, customary
marriages recognised under the Recognition of Customary Marriages Act 120 of 1998,
and civil unions under the Civil Union Act 17 of 2006. Informal partnerships or mere
cohabitation do not qualify.
2. Demonstrable Need for Support
The spouse claiming support must demonstrate financial need. This includes situations
where a spouse sacrifices earning potential to support the household. Courts evaluate
need relative to the couple’s prior standard of living, ensuring continuity and fairness.
3. Ability to Provide Support
The other spouse must possess the financial capacity to provide support. Courts
evaluate income, assets, liabilities, and overall lifestyle. The duty does not require the
provider to impoverish themselves; rather, the legal obligation is proportional to their
means.
Assignment 02
Semester 2 2025
Due September 2025
, PVL2601
Assignment 02
Semester 2 2025
Due September 2025
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 between spouses is a reciprocal legal obligation arising from
marriage. For this duty to exist under common law, three conditions must be met:
1. A Legally Valid Marriage
A support obligation arises only where the marriage is recognised under South African
law. Valid forms include civil marriages under the Marriage Act 25 of 1961, customary
marriages recognised under the Recognition of Customary Marriages Act 120 of 1998,
and civil unions under the Civil Union Act 17 of 2006. Informal partnerships or mere
cohabitation do not qualify.
2. Demonstrable Need for Support
The spouse claiming support must demonstrate financial need. This includes situations
where a spouse sacrifices earning potential to support the household. Courts evaluate
need relative to the couple’s prior standard of living, ensuring continuity and fairness.
3. Ability to Provide Support
The other spouse must possess the financial capacity to provide support. Courts
evaluate income, assets, liabilities, and overall lifestyle. The duty does not require the
provider to impoverish themselves; rather, the legal obligation is proportional to their
means.
