key to the study guide - Name

198
PRINCIPLE CASE NAME
(4) The approach which the court followed
in this case in relation to the role the
spouses' conduct played in the awarding
of maintenance, was the following:
the court had to decide which is fair in
all the circumstances of the case
whereby the conduct of the parties can
be taken into account without reading
into it any restriction at the expense of
fairness.
(5) Changed circumstances are not a
prerequisite for the changing of a
maintenance order after divorce.
(6) A maintenance order made in terms of
section 7(2) of the Divorce Act 70 of
1979 comes to an end upon the death
of the party who has to pay maintenance.
(7) A maintenance order made in terms of
section 7(2) of the Divorce Act 70 of
1979 can last until after the death of
thepartywhohastopaymaintenance.
FEEDBACK
(4) ..........................................................
(5) ..........................................................
(6) ..........................................................
(7) ..........................................................
The correct case names for each legal principle are the following:
(1) Grasso v Grasso
(2) Kroon v Kroon
(3) Pommerel v Pommerel
(4) SwartvSwart
(5) Havenga v Havenga
(6) Hodges v Coubrough
(7) Copelowitz v Copelowitz
QUESTIONS
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.
. General
(1) When do sections 7(1) and 7(2) of the Divorce Act 70 of 1979
respectively apply?