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PVL2601 Assignment 2 (ANSWERS) Semester 2 2023 Unique number : (638281) Due date : 8th September 2023. $3.50
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PVL2601 Assignment 2 (ANSWERS) Semester 2 2023 Unique number : (638281) Due date : 8th September 2023.

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PVL2601 Assignment 2 (ANSWERS) Semester 2 2023 Unique number : () Due date : 8th September 2023. Question 1 Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a ...

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PVL2601 Assignment 2 (ANSWERS) Semester 2

2023

Unique number : (638281)

Due date : 8th September 2023.

Question 1


Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time

of entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already

a party to another civil marriage in community of property. Mrs Brown found out about the

other civil marriage after the death of Mr Brown.


a) What type of marriage is Mr and Mrs Brown’s marriage?


Mr and Mrs Brown's marriage is a putative marriage. This is because they entered into a civil

marriage without an antenuptial contract, which means that their assets and liabilities are

jointly owned and shared equally between them.

, b) Mrs Brown approaches you for advice. As her attorney, advise her what the patrimonial

consequences of her marriage are. In your advice, you must discuss the conflicting case law

on the issue.


As Mrs Brown's attorney, the patrimonial consequences of her marriage in community of

property are as follows:


 All assets and liabilities acquired before and during the marriage are jointly owned by

both spouses.


 Both spouses have equal rights and responsibilities in managing and disposing of the

joint estate.


 In the event of death or divorce, the joint estate will be divided equally between the

spouses.


However, there is conflicting case law on the issue of whether Mrs Brown's marriage is valid

due to Mr Brown's existing marriage. Some cases argue that the subsequent marriage is void ab

initio (from the beginning) and therefore has no legal consequences. Other cases argue that the

subsequent marriage is valid but subject to the rights of the first spouse.


It is important for Mrs Brown to consult with a qualified attorney who can provide specific

advice based on the relevant laws and case law in her jurisdiction.


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