key to the study guide - Name

. Maintenance orders in terms of section 7(2)
(2) Can a maintenance order be made in favour of an ex-spouse after
divorce?
(3) Can a wife be ordered to pay maintenance for her husband after
their divorce? Explain briefly.
(4) Which factors must be taken into consideration by the court in
order to determine whether and for what amount an order for
maintenance should be granted?
(5) Are some of the factors listed in section 7(2) of the Divorce Act 70
of 1979 more important than others? Explain fully.
(6) Must the court effect financial equality between the spouses by
means of its order for maintenance? Explain.
(7) Does a spouse's misconduct play a role when the court decides
whether to award maintenance to him or her, and how much to
award? Explain fully. Refer to case law.
(8) Can spouses expect to maintain the standard of living after
divorce which they maintained during marriage? Explain with
referencetocaselaw.
(9) Discuss the decision in Grasso v Grasso.
(10) Can a woman today rely merely on marriage to provide her with
maintenance for life? Explain fully. Refer to case law.
(11) What did the court decide in Pommerel v Pommerel about a wife's
duty to work after divorce?
(12) What does ``rehabilitative maintenance'' mean?
(13) What is the position regarding a court's power to make a lumpsum
maintenance award upon divorce? Discuss fully with
reference to authority.
(14) What is nominal or token maintenance?
. Rescission, suspension and variation of maintenance orders
(15) Can a maintenance court vary a maintenance order made by the
High Court upon divorce?
(16) What does ``sufficient reason'' mean for purposes of section 8 of
the Divorce Act?
(17) Must the circumstances prevailing at the time the maintenance
order was granted have changed substantially before application
can be made for rescission, variation or suspension of the order?
Give authority for your answer.
(18) Is financial inequality on its own sufficient reason for varying a
maintenance order? Explain.
(19) Is remarriage sufficient reason for variation of a maintenance
order? Explain.
(20) What is a dum casta clause?
(21) Does inflation and the concomitant depreciation of money on its
own constitute sufficient reason to justify an increase in
maintenance? Discuss with reference to authority.
(22) Under which circumstances will the fraudulent non-disclosure of
information constitute sufficient reason for variation or rescission?
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