ENGAGEMENT

1. Discuss the difference between void and voidable

2. Discuss one (1) example of a void engagement and one (1) example of a
voidable engagement

3. To what extent are claims based on breach of promise still recognised in

South Africa. In your answer refer to the traditional approach in Guggenheim
v Rosenbaum as well as the recent developments in the cases of Sepheri v
Scanlan; Van Jaarsveld v Bridges; Cloete v Maritz and Nhlapo v Zimu

PROHIBITED DEGREES OF A RELATIONSHIP

Question One
A is married to B and they have three children X (male), Y (female) and Z (male). X is married to N and they
have two children Q and P. Z is married to M and they have one child (F). Y is unmarried.
1.1 Draw the relevant diagram.
1.2 Explain whether it would be permissible for Y to marry the following parties:
1.2.1 X (assuming that his marriage to N is subsequently dissolved).
1.2.2 Q
1.2.3 A (assuming that his marriage to B is subsequently dissolved).
Question Two
X (male) and Y (female) are married to each other in community of property. Y’s parents (G 1 and G2) also
had another daughter (Z). There are two sons born of the marriage between X and Y, namely A and B. A
marries C and they have one child together (E). B marries D and there are no children born of the marriage
but B and D adopt a child (F).
2.1 Draw the necessary diagram.
2.2 Assume that the marriage between X and Y dissolves as Y is now deceased. Explain whether it would it
be permissible for X to marry the following parties:
2.2.1 B (assuming that his marriage to D is subsequently dissolved).
2.2.2 G2 (assuming that her marriage to G1 is subsequently dissolved).
2.2.3 Z
2.2.4 E
2.3 Assume that the marriage between B and D dissolves. Explain whether it would it be permissible for B
to marry the following parties:
2.3.1 F
2.3.2 E
2.3.3 Z

LEGAL REQUIREMENTS FOR THE CONCLUSION OF A VALID MARRIAGE

1. Provide a full discussion of how the prohibited degrees of a relationship act as

an impediment to marriage

2. Explain fully the grounds of annulment of a marriage in terms of a voidable

marriage

3. Discuss what the patrimonial consequences are of a putative marriage

PERSONAL CONSEQUENCES OF MARRIAGE

1. Discuss how marriage affects the status of a spouse

2. Explain what the concept of consortium omni vitae entails

3. Discuss the actions aimed at the protection of consortium omni vitae which
may be instituted against third parties. Relevant case law must be cited in
your answer

4. Explain the concept of reciprocal duty of support between spouses and what it
entails.

5. Discuss the factors a court will consider in order to determine whether a

particular item is a household necessity. Include case law in your answer
AN OVERVIEW OF THE MATRIMONIAL PROPERTY DISPENSATION

1. Discuss the current position pertaining to the husband’s marital power over
his wife. In your answer highlight the historical developments that resulted in
this position

2. Explain the meaning of the ‘so-called’ immutability principle with reference to

how our courts interpret it

3. Discuss the procedure that the spouses must follow when making a section
21 MPA application. In your answer explain whether a section 21 amendment
has retrospective effect. Refer to relevant case law in your answer.

MARRIAGES IN THE COMMUNITY OF PROPERTY

1. What is the general rule pertaining to the assets of the joint estate

2. Explain briefly whether pre-nuptial liabilities (incurred by either spouse prior to

the marriage) form part of the joint estate

3. Discuss fully whether spouses married in community of property can institute

delictual action against each other. Discuss both the common law rule and the
statutory rules. Relevant case law must be cited in your answer

4. Explain what the three categories of consent legislation has provided for in the
case of joint management

5. Explain the meaning of attested consent

6. What is meant by the term ‘right of recourse’ as used n s 15(9)(b) of the

Matrimonial Property Ac

7. Explain both the statutory and common law remedies available to spouses
married in community of property in order to protect them against each other
 8. Discuss fully the restriction that section 17 of the Matrimonial Property Act
places on the capacity to litigate of spouses married in community of property

MARRIAGES OUT OF COP

1. What are the two main characteristics of marriages out of COP

2. Briefly discuss the capacity to act of spouses married out of COP

3. Explain the circumstances under which the antenuptial contract can be amended

4. Discuss whether a parent or guardian can enter into an antenuptial contract on

behalf of a minor

5. Critically discuss and compare the position where:

(a) the minor has permission to marry, but no permission for entering into an
antenuptial contract and
(b) the minor has no consent for either the marriage or the conclusion of the
antenuptial contract

DISSOLUTION OF MARRIAGES

1. In what ways can a marriage be dissolved under the rules of SA family law

2. Explain whether the fault principle still forms a central part of our divorce law

3. Discuss our courts’ interpretation of irretrievable breakdown of the marriage

relationship with reference to case law
4. List the facts that must be proved in order for a divorce to be granted respectively
under section 5(1) and 5 (2) of the Divorce Act

5. Critically discuss what the relevance is of Section 5A of the Divorce Act

PERSONAL CONSEQUENCES OF DIVORCE

1. Explain fully when section 7(2) of the Divorce Act applies

2. Discuss whether the court has a discretion to consider the factors listed in section
7(2) of the Divorce Act

3. Explain if it is possible for the court to order that maintenance must be paid as a
single lump sum

4. Explain whether fault plays a role in the decision of whether maintenance should be
paid or note?

5. Explain fully what the interrelationship is between section 7(2) and section 7(3) of
the Divorce Act

6. Briefly explain what the role of the Family Advocate is

7. Discuss fully the maternal preference rule and whether it is still applicable in South
African family law

8. Explain fully if the wishes and preferences of a child play a role in decisions regarding
custody care

9. How does divorce affect the maintenance obligation of parents

10. What is the purpose of contact with children

PATRIMONIAL CONSEQUENCES OF DIVORCE

1. Explain fully what a forfeiture order is. In your answer discuss the factors that the
court takes into account and the importance of those factors. Include all relevant
cases in your answer

2. Discuss the Wijker v Wijker (1993) case and what the importance of it is.

3. What benefits can be forfeited by a forteiture order

4. Explain the two requirements that our courts must consider in terms of s 7(4) when
deciding on awarding a redistribution order. In your answer explain briefly the
court’s interpretation of these requirements with reference to case law

5. Explain whether the court can take the misconduct of one party into consideration
when deciding on a redistribution order

6. Discuss the interaction between a section 7(2) maintenance order and a section 7(3)
redistribution order which reference to case law
§

Questions on CIVIL UNIONS

Question 1

Critically discuss the formal requirements for the solemnisation of a civil union. In

your answer, indicate whether non-compliance with any of these formalities will

invalidate the civil union.

Question 2

Catharine and Elizabeth wish to enter into a civil union but are concerned how their
assets will be dealt with by the law should they separate. They approach you for
legal advice.
After meeting them, you realise that Catherine is currently married to Peter and

Elizabeth was married to the late Helen.

Advise them fully whether they will be able to conclude a valid civil union.

Question 3

Sam and Clive were in a same-sex permanent relationship between 2008 and 2011.

They failed to solemnise or register their relationship in terms of the applicable law.

In 2011, Sam died of COVID-19 related complications without concluding a will.

Sam’s family members do not acknowledge Clive and have told him that he will not

receive even a cent from Sam’s estate.

Advise Clive fully of his rights.

Question 4.

In Minister of Home Affairs and Another v Fourie and Another (Doctors for Life and Others,
Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and
Others 2006 (1) SA 524 (CC), the Constitutional Court declared the common law definition of
marriage to be inconsistent with the Constitution of the Republic of South Africa, 1996 and
invalid to the extent that it did not permit same-sex couples to enjoy the status and the
benefits coupled with responsibilities it accorded to heterosexual couples. This declaration of
invalidity was suspended for 12 months from the date of this judgment to allow Parliament to
correct the defect.
Discuss the main arguments that were considered by the Constitutional Court in
reaching its conclusion and Parliament’s response to the order.

COHABITATION

1. Explain the importance of the case of Volks v Robinson (2005) for South African
Family Law
2. Explain the importance of the case of Gory v Kolver (2007) for South African Family
Law

3. Mr K and Ms A were life partners who lived together as ‘man and wife’ for 20 years
without being married. Both parties maintained each other during the course of
their relationship. Ms A dies without leaving a valid will. Answer the following
questions;
3.1 Advise Mr K as to whether or not he is likely to succeed with a claim for
maintenance from Ms A’s deceased estate. Refer to applicable case law
3.2 Would you answer be different if the parties to the relationship were of the
same sex. Explain fully.

PARENTAL RIGHTS AND RESPONSIBILITIES

1. Discuss fully under what circumstances an unmarried biological father acquires full
parental rights and responsibilities in respect of his child

2. Explain fully what the best interests of the child are. Refer to relevant case law

3. Explain what care of a child entails. Include in your answer what is important to take
into consideration when it comes to the views of a child.