key to the study guide - Name

Prerequisites
Prerequisite that
spouses must have
concluded anc prior
to marriage
180
. Beaumont v Beaumont in your prescribed casebook 225±230
. Kritzinger v Kritzinger in your prescribed casebook 232±238
. Katz v Katz in your prescribed casebook 239±244
CONTENT OF THIS STUDY UNIT
1 THE INTRODUCTION OF REDISTRIBUTION AS A REFORMATIVE AND
REMEDIAL MEASURE
As we mentioned above in study unit 12 (``The accrual system''),
complete separation of property was often very prejudicial to the wife. In
cases where she was occupied at home as a housewife and mother for most
of her married life, and was therefore not able to accumulate an estate of
her own, the financial position in which she was left on the eventual
dissolution of the marriage could be most unfavourable. Although the
accrual system has brought relief for spouses married after 1 November
1984, the objection still applies to marriages contracted out of community
of property and excluding the accrual system, prior to the commencement
of the Matrimonial Property Act and to marriages entered into in terms of
section 22(6) of the Black Administration Act 38 of 1927 prior to the
commencement of the Marriage and Matrimonial Property Law Amendment
Act 3 of 1988. You will note in your textbook on pages 133±134
that the legislature inserted sections 7(3) to 7(6) in the Divorce Act to
bring a measure of relief and to counteract the injustice that could arise in
these cases. In terms of these sections the court is empowered in specified
circumstances to make an order that the assets or part of the assets of one
spouse (usually the wealthier spouse) be transferred to the other (usually
the poorer spouse).
2 THE PREREQUISITES FOR A REDISTRIBUTION ORDER
A spouse may apply for a redistribution order together with a decree of
divorce only in specific circumstances. We refer to these circumstances as
the prerequisites for the granting of a redistribution order. These prerequisites
are set out on page 134 of your prescribed textbook. You must
ensure that you know when a spouse who intends to divorce may apply to
the court for a redistribution order.
One of these prerequisites, namely that the spouses must have concluded
an antenuptial contract (anc) prior to their marriage, is discussed in more
detail on pages 134±136 of your textbook. You will note that this
prerequisite has already featured in various cases where the parties entered
into a marriage in terms of section 22(6) of the Black Administration Act