The exam pack has questions and answers from previous question papers from previous years ,the document also notes and discusses important cases to note, this exam pack is very much helpful for preparing for your examination a pass is guaranteed should you practice all the question and answers cont...
Written by ULTIMATE TUTORS
We pride ourselves in providing quality study materials
to guarantee you a good pass
1
,Important cases to remember:
1. Ex Parte Dow: Applicant wanted marriage declared null & void,
because the marriage took
place in a garden – The judge found nothing wrong with a
marriage in a garden – application failed.
2. Moola vs Aulsebrook: Applicant & her deceased husband went
through marriage ceremony
solemnised in accordance with Islamic rites by a priest who was
not duly appointed as a marriage officer. (neither spouse was
aware of that fact) They had 7 children – children couldn’t inherit
from father because was seen as born from unmarried parents.
Argument was that marriage was putative marriage even though
statutory requirements for solemnisation of marriage had not
been complied with – Application was granted.
3. Bannatyne vs Bannatyne: The constitutional court held that
contempt of court proceedings are appropriate constitutional
relief for the enforcement of a claim for the maintenance of
children (if the legislative remedies are in some way deficient.
4. Brookstein v Brookstein: The value of a divorcing spouse’s
estate for purposes of determining the accrual must be
determined on the date when the divorce order is made.
2
, Multiple Choice Questions
Question 1
In which one of the following instances would a married women lose her
right to claim maintenance from her husband?
a. The spouses agree to live apart because they no longer love each other.
b. The wife moves out of the matrimonial home because she is having an
affair with her boss.
c. The wife moves out of the matrimonial home because her husband beats
her.
d. The husband moves out of the matrimonial home because he is having an
affair with his boss.
Question 2
For a parental responsibilities and rights agreement relating to guardianship
to become enforceable, it must be made an order of court by&?
a. A divorce court in a divorce matter
b. The family Advocate
c. The High court
d. The children’s court.
Question 3
In which one of the following cases did the Constitutional Court hold
that contempt proceedings in the High Court to secure the
enforcement of a maintenance debt are appropriate constitutional
relief for the enforcement of a claim for the maintaining of children?
a. Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ULTIMATETUTORS. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.87. You're not tied to anything after your purchase.
