PVL2601
Assignment 2 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three
requirements are met.
i.
There must be a valid marriage between the parties.
ii.
The spouse claiming support must be in actual need of such support.
iii.
The spouse from whom the support is claimed must have the means to
provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to
their respective means.2
(b) Claim for maintenance where one spouse intentionally impoverishes
themselves
If during the marriage Mr Z deliberately impoverishes himself by resigning from work,
closing his businesses or disposing of his assets in order to frustrate Ms X’s claim for
maintenance, the court will only make a maintenance order if it is satisfied that he
has the ability to pay.3
In Reyneke v Reyneke, the husband acted fraudulently to deprive the wife of
maintenance, but the court refused to deem him able to pay when he lacked actual
means.4
The court held that the actio Pauliana utilis and the right of recourse could not be
extended to create a fictional ability to pay.5 Therefore, Ms X’s claim would fail if Mr
Z genuinely has no means, despite his misconduct.
(c) Termination of the common-law duty of support
The duty of support terminates upon the dissolution of the marriage6. This occurs on
the death of a spouse or upon divorce. On death, the surviving spouse may have a
1
Heaton J and Kruger H South African Family Law 4ed (2015) LexisNexis Durban 46.
2
Oberholzer v Oberholzer 1947 (3) SA 294 (O).
3
Heaton and Kruger South African Family Law 47.
4
Reyneke v Reyneke 1990 (3) SA 927 (E).
5
Ibid.
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a) Common-law requirements for the duty of support between spouses
The duty of support or maintenance between spouses arises only when three
requirements are met.
i.
There must be a valid marriage between the parties.
ii.
The spouse claiming support must be in actual need of such support.
iii.
The spouse from whom the support is claimed must have the means to
provide it.1
This duty is reciprocal, meaning each spouse owes it to the other in proportion to
their respective means.2
(b) Claim for maintenance where one spouse intentionally impoverishes
themselves
If during the marriage Mr Z deliberately impoverishes himself by resigning from work,
closing his businesses or disposing of his assets in order to frustrate Ms X’s claim for
maintenance, the court will only make a maintenance order if it is satisfied that he
has the ability to pay.3
In Reyneke v Reyneke, the husband acted fraudulently to deprive the wife of
maintenance, but the court refused to deem him able to pay when he lacked actual
means.4
The court held that the actio Pauliana utilis and the right of recourse could not be
extended to create a fictional ability to pay.5 Therefore, Ms X’s claim would fail if Mr
Z genuinely has no means, despite his misconduct.
(c) Termination of the common-law duty of support
The duty of support terminates upon the dissolution of the marriage6. This occurs on
the death of a spouse or upon divorce. On death, the surviving spouse may have a
1
Heaton J and Kruger H South African Family Law 4ed (2015) LexisNexis Durban 46.
2
Oberholzer v Oberholzer 1947 (3) SA 294 (O).
3
Heaton and Kruger South African Family Law 47.
4
Reyneke v Reyneke 1990 (3) SA 927 (E).
5
Ibid.
Varsity Cube 2025 +27 81 278 3372
