Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of Mr and Mrs
X. C and Y have a daughter, Z.
a) Briefly explain the difference between consanguinity and affinity. (2)
b) Briefly explain what consanguinity in the collateral line means. (2)
c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and explain your
answer with reference to authority. (3)
d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and explain your
answer with reference to authority.
QUESTION 2
Mr and Mrs A entered into a marriage in community of property in 2010. Mrs A is the
chief executive officer of a successful estate agency. She has single-handedly increased the
value of the joint estate from R500 000, which she inherited from her father in 2011, to
R20 million. Mr A has been unemployed since the start of the marriage and has never
tried to get a job. Mrs A moved out of the matrimonial home a year ago. She recently
instituted divorce proceedings and claimed a forfeiture order against Mr A. Mrs A’s view is
that it would be unfair to allow Mr A to share in the assets she brought into the joint
estate while he has never worked or brought assets into the joint estate. Mr A alleges that
Mrs A is not entitled to a forfeiture order.
Explain to Mrs A whether Mr A is correct. Refer to legislation and case law in support of
your answer.
1
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