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...
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,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.
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, 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
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