PVL2601
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 25 AUGUST 2025
, Family Law
Question 1
(a) What are the common-law requirements for the duty of support between
spouses?
At common law, there are a few key things that need to be in place for a duty of support
to exist between spouses. First, there must be a valid marriage between the parties.
Second, one spouse must actually need support. And third, the other spouse must be in
a position – financially – to provide that support. These three elements work together to
establish whether support is required or not.
(b) Can Ms X claim maintenance if Mr Z intentionally impoverishes himself?
Yes, she can. If Mr Z decides to resign from his job or sell off his assets just to avoid his
duty of support, the court can still order him to pay maintenance. South African law does
not allow someone to escape their legal obligations by deliberately getting rid of their
money. A good example of this is the case of Kroon v Kroon, where the court held that a
spouse who tries to make themselves look poor on purpose can still be held responsible
for maintenance.
(c) When does the common-law duty of support end?
The duty of support between spouses ends either when the marriage ends (through
divorce) or when one of the spouses passes away. Once you're no longer legally
married, the duty of support falls away – unless there's a court order or agreement that
says otherwise. This principle was confirmed in Ex parte Inkster, where the court
explained that the legal duty ends unless it's carried forward in terms of the Divorce Act.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 25 AUGUST 2025
, Family Law
Question 1
(a) What are the common-law requirements for the duty of support between
spouses?
At common law, there are a few key things that need to be in place for a duty of support
to exist between spouses. First, there must be a valid marriage between the parties.
Second, one spouse must actually need support. And third, the other spouse must be in
a position – financially – to provide that support. These three elements work together to
establish whether support is required or not.
(b) Can Ms X claim maintenance if Mr Z intentionally impoverishes himself?
Yes, she can. If Mr Z decides to resign from his job or sell off his assets just to avoid his
duty of support, the court can still order him to pay maintenance. South African law does
not allow someone to escape their legal obligations by deliberately getting rid of their
money. A good example of this is the case of Kroon v Kroon, where the court held that a
spouse who tries to make themselves look poor on purpose can still be held responsible
for maintenance.
(c) When does the common-law duty of support end?
The duty of support between spouses ends either when the marriage ends (through
divorce) or when one of the spouses passes away. Once you're no longer legally
married, the duty of support falls away – unless there's a court order or agreement that
says otherwise. This principle was confirmed in Ex parte Inkster, where the court
explained that the legal duty ends unless it's carried forward in terms of the Divorce Act.
