PVL 2601 Family Law final exam questions and answers latest 2021 complete solution Guide
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Course
PVL2601 - Family Law (PVL2601)
Institution
University Of South Africa
QUESTION 1
Indicate whether the following statements are true or false:
(a) An engagement, concluded subject to a condition which is in conflict with the very nature of the
marriage, is void.
(b) On breach of promise the innocent party will be entitled to claim specific performance from the
gu...
1
MULTIPLE CHOICE AND TRUE/FALSE
QUESTION 1
Indicate whether the following statements are true or false:
(a) An engagement, concluded subject to a condition which is in conflict with the very nature of the marriage, is void. (b) On breach of promise the innocent party will be entitled to claim specific performance from the guilty party. (c) On breach of promise one of the parties will always have a claim for satisfaction for personality infringement. (d) The traditional definition of marriage is no longer appropriate for the new South Africa. (e) In Ryland v Edros the court held that a Muslim marriage constitutes a contract between the parties
and that the appeal court decision in Ismail v Ismail no longer precludes a court from
enforcing a claim emanating from that contract as between the spouses. (f) Because the provisions of section 29(2) of the Marriage Act 25 of 1961 are couched in imperative language all marriages which are not solemnised in a church or building with open doors, will be
void. (g) As the Divorce Act 70 of 1979 applies to the annulment of a voidable marriage, the court can make
an order for maintenance in respect of one of the parties, forfeiture of patrimonial benefits,
or a redistribution of assets. (h) The right to occupy the matrimonial home and use the household assets arises because the spouse who owns or rents the matrimonial home or the household assets, confers it on the other
spouse. (i) The rule that a husband who wants to assume his wife's surname or add it to his own, first has to apply to the director-general for permission to do so, may well be unconstitutional. (j) The Prevention of Family Violence Act 133 of 1993 has already been replaced by a new Act, which is wider in scope and protects more victims of domestic violence. Answer
(a) True. (b) False. (c) False. (d) True. (e) True. (f) False. (g) False. (h) False. (i) True. (j) True. QUESTION 1
Indicate whether the following statements are true or false:
(a) According to the decision in Amod (Born Peer) v Multilateral Vehicle Accidents Fund (Commission for Gender Equality Intervening) Muslim marriages now enjoy the same protection and recognition in our law as civil marriages. (b) In Jooste v Botha it was held that the father of an illegitimate child has no duty to afford the child love, attention and affection if he does not have the custody of the child. (c) Although most marriages are preceded by an engagement, a valid engagement is not a prerequisite for the conclusion of a valid marriage. (d) Persons who are blood relatives in the collateral line are not ascendants and descendants of one another. (e) A voidable marriage is a valid marriage although grounds arise after the conclusion of the marriage
on the basis of which the court can be requested to dissolve the marriage. (f) Only immaterial things can be part of the objects grouped under consortium omnis vitae . (g) Today it is generally accepted that one spouse can unilaterally, and without the intervention of the court, revoke the other spouse’s capacity to buy household necessaries. (h) The new Maintenance Act 99 of 1998 applies to a contractual duty of support between persons who are not related to each other by blood or affinity (such as cohabitants). (i) A spouse’s right to occupy the matrimonial home and use the household items exists ex lege and does not arise because the other spouse confers it on him or her. 2
(j) In terms of the Births and Deaths Registration Act 51 of 1992 a husband may under no circumstances assume his wife’s surname. [10]
Answer
(a) False. (b) True. (c) True. (d) True. (e) False. (f) False. (g) False. (h) True. (i) True. (j) False. QUESTION 1
Indicate whether the following statements are true or false:
(a) In Amod (Born Peer) v Multilateral Motor Vehicle Accidents Fund (Commission for Gender Equality Intervening) the Supreme Court of Appeal concluded that the boni mores of our society today
equire that the contractual duty of support which results from a Muslim marriage should be recognised
and be legally enforceable at common law. (b) On breach of promise, the value of the gifts ( sponsalitia largitas and arrhae sponsalitiae) retained by the innocent party to the engagement is taken into account when the latter also claims damages because of the breach of promise. (c) Our law prohibits a marriage between a man and his step-sister. (d) In terms of Ex parte Dow, a marriage concluded in a garden is void ab initio. (e) The absence of two competent witnesses during the solemnisation of a marriage results in the nullity of that marriage. (f) Only immaterial things can be part of the objects grouped under consortium omnis vitae . (g) In terms of the objective approach, a husband will not be liable for the payment of household items
bought by his wife if it is proved that the household already has an adequate supply of that specific commodity. (h) In terms of the Maintenance Act 99 of 1998, a maintenance court cannot make an order for the payment of maintenance by way of a lump sum. (i) A spouse’s right to occupy the matrimonial home and use the household assets is one of the variable consequences of marriage. (j) The rule in terms of which the husband is regarded as the head of the family still forms part of our law. [10]
Answer
(a) True. (b) True. (c) False. (d) False. (e) True. (f) False. (g) True. (h) False. (i) False. (j) True. QUESTION 1
Indicate whether the following statements are true or false:
(a) Customary marriages are now regarded as valid marriages for all purposes. (b) Today, it is no longer a requirement that the persons who apply for the adoption of a South African child must also be South African citizens. (c) In Jooste v Botha the court held that the father of an illegitimate child has no legal duty to afford the child love, attention and affection if he does not have custody of the child. (d) An engagement contract can be concluded orally or in writing. (e) In order to succeed with a claim for satisfaction for personality infringement occasioned by a breach of promise, the plaintiff has to prove only animus iniuriandi (intention to injure) on the part of the other party (ie the person who committed breach of promise). (f) It is generally acknowledged that marriage is a contract. 3
(g) A 19-year-old girl whose first marriage ended in divorce needs her parents’ consent for the conclusion of a further marriage. (h) In terms of our law, a marriage between a man and his ex-wife’s sister (in other words his sister-in-
law) is prohibited. (i) Although a marriage is null and void if it was solemnised by a person who was not a competent marriage officer, the marriage may be ratified by the Minister of Home Affairs. (j) A putative marriage is void ab initio. (k) In terms of the Maintenance Act 99 of 1998 a maintenance order cannot be enforced before the maintenance debtor is convicted of failing to make a payment in accordance with a maintenance order. (l) A married woman is legally obliged to assume her husband’s surname. [12]
Answer
(a) True. (b) True. (c) True. (d) True. (e) False. (f) False. (g) False. (h) False. (i) True. (j) True. (k) False. (l) False. QUESTION 5
Answer this question by writing in each case only the number of the correct answer
in your answer script, for example: (a) 1. (a) Mr and Mrs Koen, who are married in community of property, are currently living apart in terms of an extra-judicial separation agreement which they concluded recently. The spouses also agreed that for the period of time for which they would live apart, they would each have their own separate estate and that Mr Koen would pay maintenance to Mrs Koen. Which one of the following tatements is wrong?
[1] The extra-judicial separation agreement between the spouses remains valid only for as long as both spouses uphold it.
[2] The arrangement in terms of which Mr and Mrs Koen each has their own separate estate for the period of time for which they live apart, binds all third parties with whom they (Mr and Mrs Koen) conclude transactions.
[3] Either of the spouses may approach the court to amend the maintenance agreement made between them.
[4] Despite the existence of the extra-judicial separation agreement either of the spouses may institute
divorce proceedings. (2) (b) Mrs Roux’s husband died last week. Mrs Roux wishes to know from you whether she has a claim for maintenance against her deceased husband’s estate. Which one of the following Acts would you use in order to advise her?
[1] The Divorce Act 70 of 1979
[2] The Maintenance Act 99 of 1998
[3] The Maintenance of Surviving Spouses Act 27 of 1990
[4] The Wills Act 7 of 1953 (2)
(c) Section 4(2) of the Divorce Act 70 of 1979 contains three examples of instances where the probability is high that a normal marriage relationship no longer exists between spouses and that there is no reasonable prospect of the restoration of a normal marriage relationship between them. Which one of the following instances is not one of the examples in section 4(2)?
[1] The parties have not lived together as husband and wife for a continuous period of at least one year immediately prior to the date of the institution of the divorce action.
[2] The defendant suffers from a mental illness or is continuously unconscious.
[3] The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship. 4
[4] The defendant has been declared an habitual criminal in terms of a sentence of a court and is undergoing imprisonment as a result of such sentence. (2)
(d) In terms of section 5A of the Divorce Act 70 of 1979, a court has the discretion to refuse a decree of divorce if, as a result of religious prescriptions, one or both of them will not be able to remarry once the court has granted a decree of divorce. Which one of the following cases is the first reported case which dealt with the application of section 5A?
[1] Amar v Amar
[2] Smit v Smit
[3] Swart v Swart
[4] Coetzee v Coetzee (2) (e) In terms of section 7(7)(a) of the Divorce Act 70 of 1979, the pension interest of a spouse is deemed to be part of his or her assets for the determination of the patrimonial benefits to which the spouses to a divorce action may be entitled. Section 7(7)(a) does not apply to spouses who got married
[1] in community of property.
[2] out of community of property subject to the accrual system.
[3] on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.
[4] before 1 November 1984 in terms of the old standard form antenuptial contract. (2) [10]
Answer
(a) 2.(2) (b) 3.(2) (c) 2.(2) (d) 1.(2) (e) 3.(2) QUESTION 3
Answer this question by, in each case, writing only the number of the correct answer in your
answer script, for example: (a) [1].
(a) Mr and Mrs Brink concluded a civil marriage in 2003 while they were both domiciled in South Africa. However, they were married without an antenuptial contract and never concluded a postnuptial
contract to regulate the patrimonial consequences of their marriage. Mr and Mrs Brink’s marriage is therefore
[1] in community of property
[2] out of community of property with retention of profit and loss
[3] out of community of property and profit and loss
[4] out of community of property subject to the accrual system (2)
(b) Mr and Mrs Naidoo are married in community of property. Which one of the following debts which are still outstanding when their joint estate is dissolved upon divorce, may be recovered from both spouses?
[1] contractual debts incurred by one of the spouses before the marriage
[2] contractual debts incurred by one of the spouses during the marriage
[3] delictual debts incurred by one of the spouses before the marriage
[4] delictual debts incurred by one of the spouses during the marriage (2)
(c) Mr and Mrs Venter are married in community of property. Which one of the following assets or amounts indeed forms part of their joint estate? [1] R10 000 which Mrs Venter recovered as damages after her neighbour, Mr X, crashed into her motor vehicle
[2] R8 000 which Mrs Venter recovered as satisfaction from Mr X as a result of the pain and suffering she suffered after the accident
[3] Mr and Mrs Venter’s matrimonial home which Mrs Venter inherited from her father on condition that
it should go to her son upon her death
[4] the engagement ring which Mr Venter gave to Mrs Venter before their marriage (2)
(d) Mr and Mrs Mathe are married in community of property. What form of consent does Mrs Mathe require from Mr Mathe to withdraw money credited to Mr Mathe’s name in a bank account?
[1] prior written consent attested by two competent witnesses
[2] written consent attested by two competent witnesses
[3] written consent without any further requirements
[4] oral consent (2)
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