key to the study guide - Name

186
(1) the order's source of law
(2) its area of application
(3) the meaning of the order
(4) the requirements for making the order
FEEDBACK
FORFEITURE ORDERS REDISTRIBUTION
ORDERS
Source of law Section 9 of the Divorce
Act
Area of
application
Marriages in community of
property as well as marriages
out of community of property
with or without the accrual
system irrespective of when
the marriage was concluded
Meaning One spouse forfeits his or her
claim against the other
Requirements 1. Consideration of three
factors in section 9
2. One party will be unduly
benefited in relation to the
other in the absence of an
order.
QUESTIONS
Sections 7(3)±(6) of the Divorce
Act
Marriages out of community
of property without the accrual
system concluded before
1 November 1984 or
before the coming into operation
of the Marriage and
Matrimonial Property Law
Amendment Act (on 2 December
1988) and the
spouses did not enter into an
agreement concerning the
division of their assets
One spouse has a claim
against the other
1. Direct or indirect contribution
to the growth or
maintenance of the other
spouse's estate.
2. It is equitable and just to
make the order on the
basis of the contribution.
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.
. Reason for the introduction of redistribution orders
(1) What was the reason for the insertion of sections 7(3) to (6) in the
Divorce Act 70 of 1979?