LJU4804
October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18
LJU4804
October 2024
October November PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 18 October 2024
, QUESTION 1 Instructions: Read the set of facts below and answer the questions that
follow. LJU4804 OCT NOV 2024 3 John and Mary Smith got married in Hawaii in
December 1983. At that time, they were British citizens and Mary was domiciled in
London, while John was working in New York on a two-year fixed term contract with the
possibility of further renewal. However, just before the marriage, John was offered a very
senior permanent position with a South African retail brand and he had entered into
negotiations with the company at that stage. They relocated to Johannesburg, South
Africa shortly after getting married and established a domicile there. Two children were
born from the marriage and Mary stayed at home to look after them full-time. In 2022,
Mary filed for divorce in the South Gauteng High Court. She also applied for a
redistribution of assets. 1.1 Which legal system applies to the formal validity of John and
Mary’s marriage in terms of the South African rules of private international law? (2)
QUESTION 1
1.1.
In terms of South African private international law, the legal system that applies to the
formal validity of a marriage is determined by the law of the place where the marriage
was celebrated (lex loci celebrationis). Since John and Mary were married in Hawaii in
December 1983, the law of Hawaii would govern the formal validity of their marriage.
Thus, Hawaiian law applies to the formal requirements of their marriage, such as
whether the marriage was properly solemnized according to the legal standards in
Hawaii.
