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148 SECTION IV Dissolution of marriage MODULE MAP IV DISSOLUTION OF MARRIAGE Death Divorce General CONTENT I INTRODUCTION TO FAMILY LAW Grounds Consequences Miscellaneous matters Forfeiture of patrimonial benefits II MARRIAGE LAW III MATRIMONIAL PROPERTY LAW Redistribution of assets 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 Maintenance of spouses Overview Study unit 14: Dissolution of marriage by death Study unit 15: Grounds for divorce Study unit 16: Consequences of divorce Ð general Study unit 17: Forfeiture of patrimonial benefits Study unit 18: Redistribution of assets Study unit 19: Maintenance of the spouses Study unit 20: Interests of the children of divorcing parents Study unit 21: Miscellaneous matters in respect of divorce Interests of the children of divorcing parents
OVERVIEW In the previous two sections (sections II and III) you learned how a marriage comes into existence and what its consequences are. In section IV you will learn how a marriage is dissolved and what the consequences of dissolution are. The first study unit in this section (study unit 14) sets out the ways in which a marriage is dissolved, and concentrates on one way in particular, namely death. Study units 15 to 21 deal with divorce as a method of terminating a marriage. In study unit 15 the grounds for divorce are explained. The consequences of divorce are discussed in study units 16 to 20, while miscellaneous matters relating to divorce, such as jurisdiction and procedure, are discussed in study unit 21. 149
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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
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86 (16) Discuss the concept ``house
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Matrimonial property law Section II
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OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Page 127 and 128: Debts incurred during the subsisten
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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
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Page 167 and 168: Requirements Procedural requirement
Page 169 and 170: concluded before the marriage. Subs
Page 171: not change their matrimonial proper
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
Page 212 and 213: 186 (1) the order's source of law (
Page 214 and 215: 188 . Form of a redistribution orde
Page 216 and 217: 190 LEARNING OUTCOMES The purpose o
Page 218 and 219: Factors Weight attached to factors
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Page 222 and 223: 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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