key to the study guide - Name

4.2 An order in terms of section 7(2) of the Divorce Act 70 of 1979.
Your textbook explains on pages 155±156 that an order made in terms of
section 7(2) comes to an end
. onthedatestipulatedintheorder,or
. on the death of the party entitled to maintenance, or
. on the remarriage of the party entitled to maintenance, or
. in terms of Hodges v Coubrough, on the death of the party who has to pay
maintenance (note, however, also the conflicting decision in Copelowitz
v Copelowitz which is in a sense confirmed by the decision of the
supreme court of appeal in Santam Bpk v Henery), or
. on rescission of the order by the court
ACTIVITY
Complete the second column in the table below by filling in the correct
case name for each legal principle.
PRINCIPLE CASE NAME
(1) If the husband can afford to have his
ex-wife not go out to work after
divorce and where she did not work
prior to divorce, and particularly
where his misconduct has caused the
breakdown of the marriage, he should
maintain her without it being necessary
for her to take up employment.
(2) For purposes of a decision on whether
rehabilitative maintenance should be
awarded to a spouse after divorce no
notional earning capacity will be
attributed to a spouse who does not
have the necessary skills that will
enable him or her to be trained or
retrained for a job, occupation or
profession after divorce.
(3) Some of the factors which the court
will take into account in order to
decide whether a wife's decision not to
work after divorce is reasonable, are
the wife's age, her state of health,
qualification, when she was last employed,
the length of the marriage, the
standard of living of the parties during
marriage, her commitment to the care
of young children, and others.
(1) ..........................................................
(2) ..........................................................
(3) ..........................................................
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