PVL2601 Assignment 2
Semester 2 Memo
(COMPLETE ANSWERS)
Due 25 August 2025
For assistance contact
Email:
, Question 1
(a) What are the common-law requirements for the duty of support between spouses? (3
marks)
The common-law duty of support between spouses is reciprocal and arises upon a valid
marriage. The requirements are:
1. The duty exists only between legally married spouses.
2. It is based on the needs of the one spouse and the ability of the other spouse to provide
support.
3. The support includes basic necessities such as food, shelter, medical care, and clothing.
(Authority: Hahlo’s South African Law of Husband and Wife, 5th ed.)
(b) If, during the marriage, Mr Z resigns from work and/or terminates his businesses,
disposes of his assets and claims that he no longer has the means to support Ms X, will Ms
X succeed in claiming spousal maintenance on the basis that Mr Z intentionally
impoverished himself? Explain with reference to authority. (3 marks)
Yes, Ms X may succeed in claiming spousal maintenance if she can prove that Mr Z deliberately
impoverished himself to avoid his maintenance obligation. South African courts have held that a
party cannot escape liability by voluntarily reducing their financial means. In Petersen v
Maintenance Officer, Simon’s Town Maintenance Court 2004 (2) SA 56 (C), the court found that
a person cannot deliberately make themselves indigent to avoid paying maintenance.
(c) When does the common-law duty of support between spouses terminate? Briefly explain
with reference to authority. (3 marks)
The common-law duty of support terminates upon the dissolution of the marriage, either by
death or divorce. After divorce, maintenance can only be claimed under the Divorce Act 70 of
1979, and not automatically under common law.
(Authority: Section 7 of the Divorce Act 70 of 1979)
(d) Is the clause in the antenuptial contract stating that neither spouse can claim post-
divorce spousal maintenance valid? Answer ‘Yes’ or ‘No’. (1 mark)
No.
Question 2
Will the court grant a divorce in terms of the Divorce Act even though the spouses cannot
divorce or have their marriage annulled in terms of the Roman-Catholic faith? (3 marks)
Yes, the court will grant a divorce in terms of the Divorce Act 70 of 1979, regardless of the
Semester 2 Memo
(COMPLETE ANSWERS)
Due 25 August 2025
For assistance contact
Email:
, Question 1
(a) What are the common-law requirements for the duty of support between spouses? (3
marks)
The common-law duty of support between spouses is reciprocal and arises upon a valid
marriage. The requirements are:
1. The duty exists only between legally married spouses.
2. It is based on the needs of the one spouse and the ability of the other spouse to provide
support.
3. The support includes basic necessities such as food, shelter, medical care, and clothing.
(Authority: Hahlo’s South African Law of Husband and Wife, 5th ed.)
(b) If, during the marriage, Mr Z resigns from work and/or terminates his businesses,
disposes of his assets and claims that he no longer has the means to support Ms X, will Ms
X succeed in claiming spousal maintenance on the basis that Mr Z intentionally
impoverished himself? Explain with reference to authority. (3 marks)
Yes, Ms X may succeed in claiming spousal maintenance if she can prove that Mr Z deliberately
impoverished himself to avoid his maintenance obligation. South African courts have held that a
party cannot escape liability by voluntarily reducing their financial means. In Petersen v
Maintenance Officer, Simon’s Town Maintenance Court 2004 (2) SA 56 (C), the court found that
a person cannot deliberately make themselves indigent to avoid paying maintenance.
(c) When does the common-law duty of support between spouses terminate? Briefly explain
with reference to authority. (3 marks)
The common-law duty of support terminates upon the dissolution of the marriage, either by
death or divorce. After divorce, maintenance can only be claimed under the Divorce Act 70 of
1979, and not automatically under common law.
(Authority: Section 7 of the Divorce Act 70 of 1979)
(d) Is the clause in the antenuptial contract stating that neither spouse can claim post-
divorce spousal maintenance valid? Answer ‘Yes’ or ‘No’. (1 mark)
No.
Question 2
Will the court grant a divorce in terms of the Divorce Act even though the spouses cannot
divorce or have their marriage annulled in terms of the Roman-Catholic faith? (3 marks)
Yes, the court will grant a divorce in terms of the Divorce Act 70 of 1979, regardless of the
