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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.
IV DISSOLUTION OF MARRIAGE Death Divorce General STUDY UNIT 16 Consequences of divorce Ð general MODULE MAP Grounds Consequences Miscellaneous matters PREFACE I INTRODUCTION TO FAMILY LAW 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 Interests of the children of divorcing parents In the previous study unit you learned about the grounds for divorce. We explained . what the grounds for divorce are . what each ground means and entails . when each ground applies . whether there is a link between the grounds for divorce . that the court, except in so far as it concerns the provisions of section 5A of the Divorce Act, does not have a discretion to refuse a divorce 167
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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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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
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Debts incurred during the subsisten
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QUESTIONS NB: Make sure that you ca
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Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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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 151 and 152: Marriage in community of property N
Page 153 and 154: Aim of legislature in introducing a
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Page 157 and 158: ACTIVITY Provide a summary of the s
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Page 163 and 164: Marriage in community of property N
Page 165 and 166: Relaxation of principle of immutabi
Page 167 and 168: Requirements Procedural requirement
Page 169 and 170: concluded before the marriage. Subs
Page 171: not change their matrimonial proper
Page 174 and 175: 148 SECTION IV Dissolution of marri
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 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
Page 220 and 221: 194 FEEDBACK (1) Mrs Kahn will prob
Page 222 and 223: Dum casta clause party in whose fav
Page 224 and 225: 198 PRINCIPLE CASE NAME (4) The app
Page 226 and 227: 200 . Waiver of the right to claim
Page 228 and 229: 202 LEARNING OUTCOMES After studyin
Page 230 and 231: Definition of guardianship Awarding
Page 232 and 233: Mother as custodial parent Your tex
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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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