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 ...
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.
[10]
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