key to the study guide - Name

200
. Waiver of the right to claim rescission, suspension or variation of
a maintenance order
(23) May a spouse renounce his or her right to apply for an increase or
a decrease in maintenance after divorce? Answer only ``Yes'' or
``No''.
. Termination of maintenance orders
(24) What determines when a maintenance order made in terms of
section 7(1) of the Divorce Act comes to an end?
(25) When do maintenance orders made in terms of section 7(2) of the
Divorce Act come to an end?
(26) Does a maintenance obligation contained in an order made in
terms of section 7(2) continue after the death of the party who has
to pay maintenance? Explain briefly with reference to the
conflicting court cases in this regard.
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 Khumalo married out of community without the accrual
system in 1994. They now intend to get divorced. They want an amicable
divorce and decide to arrange all the consequences of their divorce in an
agreement. They agree, in writing, that Mr Khumalo will keep all his
assets and Mrs Khumalo will keep all her assets and that Mr Khumalo will
pay R500 maintenance per month for Mrs Khumalo until her death or
remarriage. The spouses have no children. Does the court which grants the
divorce have the power to incorporate the spouses' agreement in its divorce
order? Substantiate your answer.
SUMMARY
This study unit dealt with post-divorce maintenance between spouses and
it
. explained the rules in respect of the granting of maintenance orders to
spouses upon divorce
. explained variation, rescission and suspension of maintenance orders
. dealt with termination of maintenance orders made upon divorce
In the next study unit we shall discuss the protection of the interests of the
children of a divorcing couple.