key to the study guide - Name

166
(15) How do the provisions of section 5A of the Divorce Act 70 of
1979 influence the matter of the court's discretion to refuse a
divorce?
(16) Would you say that section 5A of the Divorce Act 70 of 1979
violates the constitutional right to equality? Answer the question
with reference to the opinion of the authors of your textbook on
this issue.
(17) What other constitutional right may possibly also be violated by
the provisions of section 5A of the Divorce Act 70 of 1979?
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS
STUDY UNIT.
Below follows an example of a problem-type question:
Mr and Mrs X were married in 1980. Two months ago Mr X left Mrs X
and moved in with Ms Y, who has been his mistress for the past three
years. Mr X sues Mrs X for divorce. Mrs X, however, opposes the divorce
action on the ground that she still loves Mr X and is willing to take him
back should he return to the matrimonial home. Discuss in detail whether
the court will issue an order for divorce in this case.
SUMMARY
In this study unit you learned
. which grounds for divorce are created by section 3 of the Divorce Act
70 of 1979
. what the requirements are for the granting of a divorce on each of the
grounds for divorce
. what the connection between section 4 and section 5 is
. that the courts, except in so far as it concerns the provisions of section
5A of the Divorce Act 70 of 1979, do not have a discretion to refuse a
divorce if it is proved that a marriage has broken down irretrievably or
that the requirements of section 5 of the Act have been complied with
In the next study unit we shall start discussing the consequences of
divorce. We shall look at these consequences in general.