key to the study guide - Name

third way in which a marriage can be dissolved, namely divorce. First we
look at the grounds for divorce which presently exist in our law, namely
the irretrievable breakdown of the marriage and the mental illness or
continuous unconsciousness of a party to a marriage.
LEARNING OUTCOMES
The purpose of this study unit is to enable you to
(1) know that the old divorce law was based on the fault principle
(2) list the grounds for divorce which currently exist in our law
(3) explain in detail when a marriage can be considered as having broken
down irretrievably
(4) list the guidelines laid down in section 4(2) of the Divorce Act 70 of
1979
(5) discuss the first guideline in section 4(2) of the Divorce Act 70 of
1979 briefly
(6) list the criteria which are contained in section 5(1) and section 5(2),
respectively
(7) briefly explain the special rules regarding divorce on the ground of
mental illness or continuous unconsciousness
(8) discuss the connection between section 4 and section 5 of the Divorce
Act70of1979
(9) explain whether the court has a discretion to refuse a divorce if one of
the grounds for divorce is proved
(10) discuss the content and implications of section 5A of the Divorce Act
70 of 1979
PRESCRIBED MATTER
Read
. Prescribed textbook 119 ``11.1 Introduction''
. Prescribed textbook 121±122 ``11.2.2 The guidelines in section
4(2)'' and ``11.2.3 Concluding remarks on section 4''
. Prescribed textbook 124 ``11.4 Defences against an action for
divorce''
Study
. Prescribed textbook 119±120 ``11.2.1 The test for irretrievable
breakdown''
. Prescribed textbook 122±124 ``11.3 Incurable mental illness or
continuous unconsciousness''
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