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- Page 4 and 5: iv 17 Forfeiture of patrimonial ben
- Page 6 and 7: vi Ð analyse and critically evalua
- Page 8 and 9: The content of this module can be g
- Page 10 and 11: x Bibliography Cronje DSP & Heato
- Page 12 and 13: xii guide you are told what to read
- Page 16 and 17: xvi Glossary This glossary contains
- Page 18 and 19: xviii common ancestor a person to w
- Page 20 and 21: xx immutability unchangeability or
- Page 22 and 23: xxii per se in itself petitio princ
- Page 24 and 25: xxiv stare decisis decided cases re
- Page 27 and 28: Introduction to family law Section
- Page 29 and 30: OVERVIEW Before you can begin study
- Page 31 and 32: Source of origin Authoritative sour
- Page 33 and 34: law and comprises the judgments of
- Page 35 and 36: law. Where there is nothing to be f
- Page 37 and 38: legislative body, every government
- Page 39 and 40: SUMMARY In this study unit you . di
- Page 41 and 42: LEARNING OUTCOMES Before you begin
- Page 43 and 44: (c) The law of property: For exampl
- Page 45 and 46: LEARNING OUTCOMES We think that it
- Page 47 and 48: Marriage law Section II
- Page 49 and 50: OVERVIEW Section II of Family Law i
- Page 51 and 52: Engagement is a contract . have an
- Page 53 and 54: ACTIVITY How does the contract of e
- Page 55 and 56: (1) The parties must reach agreemen
- Page 57 and 58: (2) where only one parent of the mi
- Page 59 and 60: Unilateral and justified terminatio
- Page 61 and 62: Action for damages basedonbreachof
- Page 63 and 64: Action for satisfaction based on in
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. Lawfulness (6) A married person p
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Engagement STUDY UNIT 5 The legal r
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Marriageisnota contract Minor's mar
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Undue influence It is submitted in
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Persons already married 2.3 Lawfuln
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FEEDBACK (1) The requirement that t
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ACTIVITY A girl, B, and a boy, C, a
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3 Calculation of degrees of relatio
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(1) FEEDBACK (male) Mr A Mrs A (fem
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. The prescribed formalities (20) D
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Necessary consent Parties whose con
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2 THE INSTANCES IN WHICH A MINOR RE
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CONSEQUENCES OF LACK OF THE NECESSA
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Engagement STUDY UNIT 7 Void, voida
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1.3 The consequences of a void marr
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(b) if the applicant condoned the i
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ACTIVITY Compile a table to indicat
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QUESTIONS NB: Make sure that you ca
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matrimonial property system are var
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INVARIABLE CONSEQUENCES OF MARRIAGE
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Recovery of debts for support When
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Howisitdetermined whether something
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effect of an order made in a civil
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9 HEADSHIP OF THE FAMILY The common
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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90 Marriage in community of propert
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92 Marriage in community of propert
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Rebuttable presumption Circumstance
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96 deed of donation that the sewing
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98 In respect of the discussion on
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FEEDBACK (1) Mr and Mrs Van Zyl wer
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102 FEEDBACK DEBTS OUTSTANDING UPON
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104 A debt which Mary incurred befo
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106 administered. It is therefore v
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108 a factual problem in an assignm
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110 15(6) of the Matrimonial Proper
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112 (7) institution of the actio Pa
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Section 17(1) of Act Ð instituting
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116 (6) For which acts does the Mat
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Marriage in community of property 1
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Antenuptial = before the marriage P
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Matrimonial property system Right o
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124 PLEASE NOTE: YOU SHOULD ALSO BE
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126 spouse whose estate shows no or
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Accrual system = postponed communit
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130 years ago, a spouse declared th
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132 ACTIVITY Mr and Mrs X were marr
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4 PROTECTION OF A SPOUSE'S RIGHT TO
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136 did not exclude the accrual sys
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Meaning of ``immutability'' 138 LEA
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Type of matrimonial property system
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Effect change has on joint property
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144 QUESTIONS NB: Make sure that yo
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Dissolution of marriage Section IV
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OVERVIEW In the previous two sectio
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Ways in which marriage can be disso
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Mrs Sithole's joint estate is worth
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(6) Can one spouse approach the cou
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third way in which a marriage can b
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3.1 The problem of establishing a c
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Three examples Separation for at le
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This question has often been raised
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. Grounds of divorce (2) List the t
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IV DISSOLUTION OF MARRIAGE Death Di
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Factors which determine effect of d
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(4) Explain how a spouse's pension
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Three factors in section 9 Are they
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(5) In what sense does the court's
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Below follows an example of a probl
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study unit) with redistribution ord
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Provisions of section 7(4) ``Ordina
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Clean-break principle You should al
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FEEDBACK In the first place, the co
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. Prerequisites for a redistributio
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STUDY UNIT 19 Maintenance of the sp
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(20) explain whether the fraudulent
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Rehabilitative maintenance Kroon, G
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Section 8 of Divorce Act Ð high co
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4.2 An order in terms of section 7(
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. Maintenance orders in terms of se
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STUDY UNIT 20 Interests of the chil
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Factors Appointment of family advoc
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Sole guardianship exclusion of the
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where the parents cannot even agree
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Conditions/restrictions In the seco
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Both parents still obliged to maint
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IV DISSOLUTION OF MARRIAGE Death Di
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Section 2B of Wills Act Section 2(1
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(2) Correct. (3) False. Divorces ca
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Customary marriages Section V
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This section consists of only one s
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(2) give a synopsis of the legal re
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Position before commencement of the
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Only marriage Additional customary
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Jurisdiction In the paragraph under
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Can discriminatory elements be just
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. A civil marriage by a spouse who
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Muslim marriages Section VI
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STUDY UNIT 23 Muslim marriages MODU
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2 RECOGNITION OF MUSLIM MARRIAGES 2
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3 THE CONSTITUTION AND MUSLIM MARRI
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. what the Constitutional Court dec
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246 SECTION VI Life partnerships MO
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248 LEARNING OUTCOMES Once you have
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250 Population Development 2002 (10
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252 In the past, the Minister of Ho
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Domestic violence Section VIII
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STUDY UNIT 25 Domestic violence MOD
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domestic violence he or she can als
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Children's rights and parents' resp
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OVERVIEW Section IX deals with chil
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(2) define parental authority (3) l
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(3) obtaining an order in terms of
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Appointment of testamentary guardia
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the custody of his or her parents h
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custodial parent's discretion in re
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STUDY UNIT 27 Duty of support in re
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other parent any amounts he or she
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of maintenance obligations between
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Guardianship and curatorship Sectio
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STUDY UNIT 28 Guardianship and cura
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Definitions provides, are set out o
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the property for the duration of th
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. that curators must also comply wi