key to the study guide - Name

. Grounds of divorce
(2) List the two grounds for divorce created by section 3 of the
Divorce Act 70 of 1979.
. Irretrievable breakdown of the marriage as ground for divorce
(3) List the two requirements laid down by section 4(1) of the
Divorce Act 70 of 1979 for irretrievable breakdown of the
marriage as a ground for divorce.
(4) When is a marital relationship no longer normal? Discuss with
reference to relevant case law.
(5) List the guidelines laid down in section 4(2) of the Divorce Act 70
of 1979 which may indicate that a marriage has broken down
irretrievably.
(6) Are these guidelines the only and conclusive proof of irretrievable
breakdown of a marriage?
(7) For purposes of section 4(2) of the Divorce Act 70 of 1979, what
would the position be if the spouses resumed cohabitation for any
length of time during the year of separation in order to try to
effect a reconciliation?
(8) What particular form should the separation take for purposes of
section 4(2)(a) of the Divorce Act 70 of 1979? Discuss briefly.
. Mental illness or continuous unconsciousness as ground for
divorce
(9) What must the plaintiff prove to obtain a divorce on the ground
of the defendant's mental illness?
(10) Under what circumstances will the continuous unconsciousness of
the defendant be a ground for divorce?
(11) May an order for forfeiture of patrimonial benefits of the marriage
be made against a defendant if the marriage is dissolved on the
ground of mental illness or continuous unconsciousness?
. The connection between section 4 and section 5
(12) Must a person who wants to divorce his or her mentally ill or
continuously unconscious spouse institute the divorce action in
terms of section 5 of the Divorce Act 70 of 1979 or can the action
be instituted in terms of section 4? Refer to the relevant cases and
to some authors' views on this matter.
. The discretion of the court regarding the granting of a divorce
order
(13) Does the court have a discretion, or is the court compelled to
grant a divorce order if the plaintiff proves that his or her
marriage to the defendant has broken down irretrievably? Discuss
with reference to the relevant court cases.
(14) Briefly set out the provisions and the aim of section 5A of the
Divorce Act 70 of 1979.
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