key to the study guide - Name

188
. Form of a redistribution order
(19) May the court make a redistribution order of its own accord?
(20) Which conditions may the court impose for satisfaction of its
order?
(21) May the court order that a sum of money be transferred in lieu of
an asset or assets?
(22) Can a claim and a counterclaim for the redistribution of assets be
considered together? Give a brief reason for your answer.
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 1970 with the old standard form
antenuptial contract (ie out of community of property and of profit and
loss). At the time of the wedding the spouses had no assets. Since they
were married Mrs X has been working as a medical assistant to a doctor.
She has always deposited her salary in Mr X's bank account. Mr X now
wants to divorce Mrs X. Mrs X's estate is at present worth R10 000 while
Mr X's estate is worth R500 000. Mr X offers Mrs X R30 000 in
settlement of any claims she may possibly have against him. Mrs X asks
you whether she should accept Mr X's offer. Advise her with reference to
case law and sections 7(3)±(6) of the Divorce Act 70 of 1979.
SUMMARY
In this study unit you learned
. why redistribution orders were introduced in our law
. what a redistribution order is
. under which circumstances a spouse can apply to court for a
redistribution order
. when a redistribution order will be granted
. how a redistribution order can be granted
. which considerations the court takes into account when considering a
redistribution order
. which criterion the court uses to establish what amount is to be
transferred to the applicant
. what form a redistribution order can take
In the next study unit we shall look at the circumstances in which an order
for maintenance between spouses should be granted at divorce.