PVL2601
Assignment 2
Due 2025
, PVL2601 Assignment 2 – Semester 2 (2025)
Question 1
(a) Common-law requirements for the duty of support between spouses (3 marks)
Under South African common law, the duty of support between spouses arises
automatically upon entering into a valid civil marriage. For this duty to exist, the
following requirements must be met:
1. Existence of a valid marriage
o The parties must be legally married under civil law. Without a valid
marriage, no reciprocal common-law duty of support arises.
2. Need for support
o One spouse must demonstrate that they require financial assistance to
meet their basic needs. The duty is reciprocal and based on necessity
rather than luxury.
3. Ability to provide support
o The other spouse must have the financial means to render such support,
proportionate to their resources and standard of living.
The duty of support is not only financial but may also include necessities such as food,
clothing, shelter, and medical care, provided according to the couple’s social and
economic standing.
Authority:
Hahlo, The South African Law of Husband and Wife (1985) – spouses are bound
to maintain each other in accordance with their means and needs.
Bursey v Bursey and Another 1999 (3) SA 33 (SCA) – confirmed that the duty of
support is reciprocal and proportionate to means and needs.
Assignment 2
Due 2025
, PVL2601 Assignment 2 – Semester 2 (2025)
Question 1
(a) Common-law requirements for the duty of support between spouses (3 marks)
Under South African common law, the duty of support between spouses arises
automatically upon entering into a valid civil marriage. For this duty to exist, the
following requirements must be met:
1. Existence of a valid marriage
o The parties must be legally married under civil law. Without a valid
marriage, no reciprocal common-law duty of support arises.
2. Need for support
o One spouse must demonstrate that they require financial assistance to
meet their basic needs. The duty is reciprocal and based on necessity
rather than luxury.
3. Ability to provide support
o The other spouse must have the financial means to render such support,
proportionate to their resources and standard of living.
The duty of support is not only financial but may also include necessities such as food,
clothing, shelter, and medical care, provided according to the couple’s social and
economic standing.
Authority:
Hahlo, The South African Law of Husband and Wife (1985) – spouses are bound
to maintain each other in accordance with their means and needs.
Bursey v Bursey and Another 1999 (3) SA 33 (SCA) – confirmed that the duty of
support is reciprocal and proportionate to means and needs.
