key to the study guide - Name

matrimonial property system are variable because the spouses can select
which matrimonial property system should apply to their marriage. The
next section Ð section III Ð deals with matrimonial property law, that is,
the variable consequences of marriage.
The present study unit deals with those consequences of marriage which
cannot be changed by the spouses. These consequences are therefore
known as the invariable consequences of marriage. As is explained at page
49 of your prescribed textbook, these consequences come into being
automatically by operation of law and cannot be excluded by the parties.
Let us consider the following example: M and W enter into marriage. As a
result of the conclusion of the marriage M and W both gain the status of
``being married''. The parties can do nothing about this change of status,
as it is ex lege a consequence of the marriage.
LEARNING OUTCOMES
The purpose of this study unit is to enable you to
(1) distinguish between the variable and invariable consequences of
marriage
(2) list the invariable consequences of marriage
(3) explain what each invariable consequence means
(4) explain how marriage affects the status of the spouses
(5) explain the meaning and content of consortium omnis vitae
(6) explain the reciprocal duty of maintenance between the spouses with
reference to
(a) when it arises
(b) what its requirements are
(c) on whom it rests
(d) what it includes
(e) from whom debts in respect of support can be recovered by a
third party
(f) when it terminates
(g) how it can be enforced with specific reference to the Maintenance
Act99of1998
(h) how the duty to contribute to household necessaries is linked to it
(i) how the spouses' right to occupy the matrimonial home and use
the household assets is linked to it
(7) explain the capacity to buy household necessaries with reference to
(a) who has the capacity
(b) the requirements for the capacity
(c) revocation or limitation of the capacity
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