key to the study guide - Name

Extra-judicial
separation
Predeceased spouse
152
In respect of extra-judicial separation you have to study the meaning of
extra-judicial separation. You also have to know what the agreement is
about, how long it lasts, and whether the court can be approached once
the spouses have entered into an extra-judicial separation agreement. You
have to note in particular that the agreement is effective only as between
the parties (inter partes). Thesemattersarediscussedonpage113ofthe
textbook.
2 THE DISSOLUTION OF MARRIAGE BY THE DEATH OF ONE OR BOTH
SPOUSES
2.1 Marriage in community of property
The effect of death on a marriage in community is discussed at pages 115±
116 of your textbook. You need only read that discussion. All you have to
know is that when the marriage comes to an end because of the death of a
spouse, the community of property between the spouses also comes to an
end. The joint estate is then dealt with by the executor in terms of the
Administration of Estates Act 66 of 1965. The executor pays all debts
owed by the joint estate and claims all debts owed to the joint estate. He
or she then gives half of the estate to the surviving spouse. The other half
is given to the heirs of the predeceased spouse.
2.2 Marriage out of community of property
The discussion of the effect of death on a marriage out of community of
property at page 116 of your textbook need also only be read.
2.3 Maintenance of Surviving Spouses Act 27 of 1990
On pages 116±118 of your prescribed textbook it is explained that a surviving
spouse may, in certain circumstances, have a claim for maintenance against the
estate of the deceased in terms of the Maintenance of Surviving Spouses Act. You
have to study the discussion of the surviving spouse's claim for maintenance
against the estate of the deceased spouse in detail. You also have to study the
issue of whether a surviving customary or Muslim spouse has a claim in terms of
the Act. Finally, you have to study the discussion on whether a surviving life
partner has a claim in terms of the Act.
ACTIVITY
Mr and Mrs Sithole entered into a civil marriage in 1980 in community of
property and a son, William, was born of their marriage in 1982. Mr
Sithole died a week ago of a heart attack. At the time of his death, Mr and