key to the study guide - Name

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marriage out of community of property the patrimonial benefits of the
marriage are not restricted to those benefits which are conferred in the
antenuptial contract.
QUESTIONS
NB: Make sure that you can answer these questions properly. They
are designed to test your knowledge of the study material in
this study unit.
. Requirements for a forfeiture order
(1) List the factors mentioned in section 9 of the Divorce Act.
(2) Must all three factors listed in section 9 of the Divorce Act be
present before a forfeiture order can be made? Explain fully with
referencetocaselaw.
(3) What role does misconduct play in respect of forfeiture of
benefits? Explain.
(4) What does undue benefit mean for purposes of an order for
forfeiture?
(5) Can a court, when considering an application for forfeiture, use
considerations of fairness and justness to deviate from the
matrimonial property system selected by the spouses when they
were married? Explain with reference to authority.
(6) Set out the approach which a court of appeal must follow when
hearing an appeal in respect of an order for forfeiture.
(7) Discuss the decision of the Appellate Division in Wijker v Wijker in
respect of forfeiture of benefits. (Please note again that the
Appellate Division is now called the Supreme Court of Appeal).
. What can be forfeited?
(8) Can a spouse ever be ordered to forfeit his or her own assets?
(9) Give examples of benefits which can be forfeited
(a) in a marriage in community of property, and
(b) in a marriage out of community of property.
(10) Are the patrimonial benefits which can be forfeited in a marriage
out of community of property limited to benefits conferred in the
antenuptial contract? Explain with reference to case law and the
views of authors.
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS
STUDY UNIT.