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136 did not exclude the accrual system. At the time of entering into marriage X had a study debt of R10 000 while Y owned a flat which was worth R40 000. During the existence of the marriage, X received R10 000 satisfaction in a libel suit. X's estate is now worth R200 000 and Y's estate is worth R100 000. How will the spouses' assets be divided upon dissolution of the marriage? Explain your answer by substantiating each step that you follow. SUMMARY In this study unit you learned . when the accrual system applies . what the accrual system entails . how the accrual of a spouse's estate is calculated . how a spouse's right to share in the accrual of the other spouse's estate is protected This study unit concludes the discussion on marriage out of community of property. In the next study unit we shall look at the way in which and the circumstances under which the matrimonial property system selected by spouses, can be changed.
Marriage in community of property Nature and contents STUDY UNIT 13 Alteration of the matrimonial property system MODULE MAP Administration of joint estate PREFACE I INTRODUCTION TO FAMILY LAW II MARRIAGE LAW III MATRIMONIAL PROPERTY LAW Marriage out of community of property Alteration of matrimonial property system General Accrual system IV DISSOLUTION OF MARRIAGE V CUSTOMARY MARRIAGES VI MUSLIM MARRIAGES VII LIFE PARTNERSHIPS VIII DOMESTIC VIOLENCE IX CHILDREN'S RIGHTS AND PARENTS' RESPONSIBILITIES AND RIGHTS X GUARDIANSHIP AND CURATORSHIP In the previous study units of this section (section III) you learned about the different matrimonial property systems which are available to people who intend to marry. You also learned that if the prospective spouses do not enter into an antenuptial contract they are automatically married in community of property. But does this mean that the spouses have to remain married in community for the rest of their marriage? And what about spouses who chose to marry, for example, out of community without the accrual system? May they never change to the accrual system or to community of property? The present study unit explains that the matrimonial property system can be changed, but only in certain circumstances. 137
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# 2000 University of South Africa R
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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14 STUDY UNIT 2 Content of family l
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Wide and narrow meaning 16 branches
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18 STUDY UNIT 3 Historical overview
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20 HAVE YOU READ THE ``KEY TO THE S
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22 Engagement SECTION II Marriage l
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24 Engagement STUDY UNIT 4 The enga
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Distinction between engagement and
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28 in the missing words. The words
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ACTIVITY This activity tests your u
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Lawfulness and possibility Finalisa
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ACTIVITY On page 12 of your prescri
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36 engagement, the courts calculate
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Action on ground of seduction 38 FE
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40 fallen in love with another woma
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42 marriage itself. First of all yo
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Prodigal Insane person Person place
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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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Blood relatives in direct line Bloo
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54 (2) (a) T is related to Mr A wit
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56 QUESTIONS NB: Make sure that you
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Engagement STUDY UNIT 6 The civil m
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60 INSTANCES PERSON/PERSONS/AUTHORI
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62 antenuptial contract, the questi
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64 (2) Whose consent is needed if a
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66 LEARNING OUTCOMES The purpose of
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(3) When only can a man apply for t
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70 ACTIVITY Place each of the follo
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Legitimacy of a child born of a put
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74 Engagement STUDY UNIT 8 The inva
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Variable versus invariableconsequen
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Maintenance = support Meaning of ``
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Requirements for capacity Terminati
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Revocation or limitation of the cap
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84 FEEDBACK This statement is false
Page 112 and 113: 86 (16) Discuss the concept ``house
Page 115 and 116: Matrimonial property law Section II
Page 117 and 118: OVERVIEW In section III we look at
Page 119 and 120: Primary matrimonial property system
Page 121 and 122: 3.1 Assets Joint assets In your pre
Page 123 and 124: Jacob also exchanges the tractor wh
Page 125 and 126: Attachment of separate assets FEEDB
Page 127 and 128: Debts incurred during the subsisten
Page 129 and 130: QUESTIONS NB: Make sure that you ca
Page 131 and 132: Marriage in community of property N
Page 133 and 134: Equal concurrent management Section
Page 135 and 136: lawfully since Mr Khumalo's written
Page 137 and 138: FEEDBACK CIRCUMSTANCES CONSEQUENCES
Page 139 and 140: Requirements: (a) The court should
Page 141 and 142: study unit (study unit 9) where the
Page 143 and 144: PLEASE NOTE: YOU SHOULD ALSO BE ABL
Page 145 and 146: found in such a contract. The next
Page 147 and 148: FEEDBACK The Deeds Registries Act 4
Page 149 and 150: not, as many people wrongly think,
Page 151 and 152: Marriage in community of property N
Page 153 and 154: Aim of legislature in introducing a
Page 155 and 156: Accrual and accrual claim relate to
Page 157 and 158: ACTIVITY Provide a summary of the s
Page 159 and 160: The accrual in Mr X's estate is cal
Page 161: suffered and/or still suffers, and
Page 165 and 166: Relaxation of principle of immutabi
Page 167 and 168: Requirements Procedural requirement
Page 169 and 170: concluded before the marriage. Subs
Page 171: not change their matrimonial proper
Page 174 and 175: 148 SECTION IV Dissolution of marri
Page 176 and 177: 150 IV DISSOLUTION OF MARRIAGE Deat
Page 178 and 179: Extra-judicial separation Predeceas
Page 180 and 181: 154 (3) the standard of living of t
Page 184 and 185: . Prescribed textbook 124±126 ``11
Page 186 and 187: 160 (2) Provide a short explanation
Page 188 and 189: Criteria contained in subsections 5
Page 190 and 191: Special rules You must also note th
Page 192 and 193: 166 (15) How do the provisions of s
Page 194 and 195: 168 Now that you know what the grou
Page 196 and 197: Scope of provisions Lastly, you sho
Page 198 and 199: 172 STUDY UNIT 17 Forfeiture of pat
Page 200 and 201: Undue benefit Justness and fairness
Page 202 and 203: 176 marriage out of community of pr
Page 206 and 207: Prerequisites Prerequisite that spo
Page 208 and 209: 4 OTHER CONSIDERATIONS THE COURT TA
Page 210 and 211: Equal distribution between spouses
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186 (1) the order's source of law (
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188 . Form of a redistribution orde
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190 LEARNING OUTCOMES The purpose o
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Factors Weight attached to factors
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194 FEEDBACK (1) Mrs Kahn will prob
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Dum casta clause party in whose fav
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198 PRINCIPLE CASE NAME (4) The app
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200 . Waiver of the right to claim
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202 LEARNING OUTCOMES After studyin
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Definition of guardianship Awarding
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Mother as custodial parent Your tex
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Custody to a third party In the sec
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210 made a restrictive order simila
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212 . Access (16) What does the con
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214 LEARNING OUTCOMES The purpose o
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Limitation on publication Exception
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218 SUMMARY In this study unit you
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Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
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Position before commencement of the
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Ground for divorce Patrimonial cons
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Customary law part of culture Custo
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232 . Registration of the marriage
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234 . how a customary marriage can
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236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
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240 surviving spouse in a monogamou
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242 and Muslim marriages constitute
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Life partnerships Section VII
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STUDY UNIT 24 Life partnerships MOD
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2 GENERAL The general rule of our l
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espectively, certain job-related be
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. Definition (1) What is a life par
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256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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