key to the study guide - Name

. Prerequisites for a redistribution order
(2) When may the courts exercise their power to make an order that
the assets, or part of the assets, of one spouse be transferred to the
other?
. Requirements for a redistribution order
(3) Which two requirements must be met in terms of section 7(4)
before the court may grant a redistribution order?
. Nature of the contribution
(4) How can a contribution be made for the purpose of a
redistribution order?
(5) Is the wording of section 7(4) wide enough to cover the
performance of the ``ordinary'' duties of a housewife? Refer to
case law.
(6) Will a mere omission be sufficient to qualify as a contribution to
the growth or maintenance of the other spouse's estate? Refer to
authority.
(7) Is it a requirement that the contribution must be of such a nature
that a monetary value can be placed upon it? Refer to authority.
. Other considerations the court takes into account
(8) Which other considerations does the court take into account in
terms of section 7(5)?
(9) Must an inheritance or donation which accrues to one spouse
during the subsistence of the marriage be taken into consideration
in terms of section 7(5)(d) for purposes of a redistribution order?
Discuss with reference to authority.
(10) Will the court take the parties' misconduct into account when
considering a redistribution order? Refer to authority.
(11) Is there a relationship between section 7(2) and section 7(3) of the
Divorce Act 70 of 1979? Explain with reference to the relevant
court cases.
(12) What is the ``clean break'' principle?
(13) Under what circumstances will the ``clean break'' principle be
applied in our law?
(14) Which order can the court make to achieve the ``clean break''
principle in our law?
(15) In Esterhuizen v Esterhuizen the court held that section 7(3) of the
Divorce Act can serve two distinct purposes. Indicate which two
purposes are referred to in this case. Also indicate why it is
submitted that the decision in this case is wrong.
. Criterion to establish what amount is to be transferred to the
applicant
(16) Do our courts use any guidelines to establish what amount is to be
transferred to the applicant?
(17) Is it necessary to divide the assets equally between the spouses on
divorce? Explain briefly.
(18) May a redistribution order be used to award damages to a spouse?
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