PVL2601 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2025 - UNISA – DUE DATE: - 25 AUGUST 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!)

PVL2601 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2025 - UNISA – DUE DATE: - 25 AUGUST 2025 (DETAILED ANSWERS - FULLY REFERENCED - GUARANTEED A+!) PVL2601: FAMILY LAW Assignment 2 – Semester 2, 2025 Total: 20 Marks Question 1 (10 Marks) X and Z, who are engaged to be married, have approached you for legal advice. They wish to conclude an antenuptial contract. Mr Z indicates that Ms X is currently unemployed and financially dependent on him. However, he states that should their marriage end in divorce, he does not want to be held responsible for paying her any form of spousal maintenance. He therefore instructs you to include a clause in the antenuptial contract stating that neither spouse may claim post-divorce maintenance from the other. (a) What are the common-law requirements for the duty of support between spouses? (3 marks) (b) If, during the marriage, Mr Z resigns from work and/or terminates his businesses, disposes of his assets, and then claims he no longer has the means to support Ms X, will she succeed in claiming spousal maintenance on the basis that Mr Z intentionally impoverished himself? Explain with reference to authority. (3 marks) (c) When does the common-law duty of support between spouses terminate? Briefly explain with reference to authority. (3 marks) (d) Is the clause in the antenuptial contract, which states that neither spouse may claim post-divorce spousal maintenance, valid? Answer: Yes / No (1 mark) ________________________________________ Question 2 (10 Marks) Mr and Mrs Deli are adherents of the Roman Catholic faith. In 1983, they entered into a dual marriage: one conducted in accordance with their religion, and a civil marriage under South African law. Three children were born of the marriage. Approximately five months ago, Mrs Deli began to notice unusual changes in Mr Deli’s behaviour and suspected that he was having an affair. Her suspicions were later confirmed. As a result, Mrs Deli decided to institute divorce proceedings in terms of the Divorce Act 70 of 1979. However, the Roman Catholic Church does not permit divorce, and in the Delis’ case, there are no recognised grounds for annulment under religious law. With reference to legal authority, advise Mrs Deli whether a South African court will grant a divorce in terms of the Divorce Act, even though the spouses cannot divorce or annul their marriage in terms of their religion. Note: Your answer will be evaluated using the following marking rubric: Evaluation Criteria Not Yet Achieved Partially Achieved Achieved 1. Identifying the legal issue 0 0.5 1 2. Discussing the relevant law (including authority and avoiding plagiarism) 0 1–6 7 3. Applying the law to the facts 0 0.5 1 4. Language, grammar, and structure 0 0.5 1