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214 LEARNING OUTCOMES The purpose of this study unit is to enable you to (1) discuss the effect of divorce on a will in which one spouse benefited the other before divorce (2) define a ``divorce action'' (3) explain when a court has jurisdiction in a divorce action (4) explain what ``court'' means for purposes of jurisdiction in a divorce action (5) explain when rule 43 of the Uniform Rules of Court applies (6) explain the position in respect of publication of particulars of divorce actions PRESCRIBED MATTER Read . Prescribed textbook 182 (from the last par beginning with ``The Hoexter Commission proposed the ...) ± 185 (up to before ``15.3 Relief pendente lite'') . Prescribed textbook 185 (the last two paragraphs) ± 186 ``15.4 A final order for costs'' . Prescribed textbook 187 ``15.6 The abolition of orders for judicial separation'' Study . Prescribed textbook 181±182 (up to before the par on the Hoexter Commission) . Prescribed textbook 185 (the first par under the heading ``15.3 Relief pendente lite'') . Prescribed textbook 186±187 ``15.5 The limitation on publication of particulars of a divorce'' CONTENT OF THIS STUDY UNIT 1 THE EFFECT OF DIVORCE ON A WILL The effect of divorce on a will, in which a former spouse is nominated as a beneficiary, is discussed on page 181 of the textbook. You will see that the
Section 2B of Wills Act Section 2(1) ``Court'' position is regulated by section 2B of the Wills Act 7 of 1953. Ensure that you know the provisions of this section and that you understand how it should be applied to a set of facts. 2 DIVORCE PROCEEDINGS 2.1 The meaning of the concept ``divorce action'' Under this heading you only need to know what ``divorce action'' means for purposes of the Divorce Act. Note that an applicaton for substituted service must be brought where the defendant is untraceble and that an application for edictial citation must be brought where the defendant lives outside South Afica. 2.2 Jurisdiction in a divorce action In this regard you must first study section 2(1) of the Divorce Act as set out in your textbook on page 182. You also have to know what the term ``court'' means. The rest of the information under this heading you need only read. 2.3 Instituting a divorce You need only read the section under this heading on page 183 of the textbook. Just note that divorce must be instituted by way of an action. 2.4 Divorce procedure You need only read the section under this heading on pages 183±185 of the textbook. Just note that the existing accusatorial procedure in divorce proceedings is being questioned more and more, and that an inquisitorial procedure and alternative dispute resolution, especially mediation, are recommended. 3 RELIEF PENDENTE LITE Make sure that you know when rule 43 of the Uniform Rules of Court, which deals with interim applications for relief, applies Ð this is set out on page 185 of the textbook. 215
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# 2000 University of South Africa R
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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14 STUDY UNIT 2 Content of family l
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Wide and narrow meaning 16 branches
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18 STUDY UNIT 3 Historical overview
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20 HAVE YOU READ THE ``KEY TO THE S
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22 Engagement SECTION II Marriage l
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24 Engagement STUDY UNIT 4 The enga
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Distinction between engagement and
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28 in the missing words. The words
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ACTIVITY This activity tests your u
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Lawfulness and possibility Finalisa
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ACTIVITY On page 12 of your prescri
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36 engagement, the courts calculate
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Action on ground of seduction 38 FE
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40 fallen in love with another woma
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42 marriage itself. First of all yo
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Prodigal Insane person Person place
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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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Blood relatives in direct line Bloo
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54 (2) (a) T is related to Mr A wit
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56 QUESTIONS NB: Make sure that you
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Engagement STUDY UNIT 6 The civil m
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60 INSTANCES PERSON/PERSONS/AUTHORI
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62 antenuptial contract, the questi
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64 (2) Whose consent is needed if a
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66 LEARNING OUTCOMES The purpose of
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(3) When only can a man apply for t
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70 ACTIVITY Place each of the follo
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Legitimacy of a child born of a put
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74 Engagement STUDY UNIT 8 The inva
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Variable versus invariableconsequen
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Maintenance = support Meaning of ``
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Requirements for capacity Terminati
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Revocation or limitation of the cap
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84 FEEDBACK This statement is false
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86 (16) Discuss the concept ``house
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Matrimonial property law Section II
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OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
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Debts incurred during the subsisten
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QUESTIONS NB: Make sure that you ca
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Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
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The accrual in Mr X's estate is cal
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suffered and/or still suffers, and
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
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154 (3) the standard of living of t
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156 IV DISSOLUTION OF MARRIAGE Deat
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. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
Page 190 and 191: Special rules You must also note th
Page 192 and 193: 166 (15) How do the provisions of s
Page 194 and 195: 168 Now that you know what the grou
Page 196 and 197: Scope of provisions Lastly, you sho
Page 198 and 199: 172 STUDY UNIT 17 Forfeiture of pat
Page 200 and 201: Undue benefit Justness and fairness
Page 202 and 203: 176 marriage out of community of pr
Page 204 and 205: 178 IV DISSOLUTION OF MARRIAGE Deat
Page 206 and 207: Prerequisites Prerequisite that spo
Page 208 and 209: 4 OTHER CONSIDERATIONS THE COURT TA
Page 210 and 211: Equal distribution between spouses
Page 212 and 213: 186 (1) the order's source of law (
Page 214 and 215: 188 . Form of a redistribution orde
Page 216 and 217: 190 LEARNING OUTCOMES The purpose o
Page 218 and 219: Factors Weight attached to factors
Page 220 and 221: 194 FEEDBACK (1) Mrs Kahn will prob
Page 222 and 223: Dum casta clause party in whose fav
Page 224 and 225: 198 PRINCIPLE CASE NAME (4) The app
Page 226 and 227: 200 . Waiver of the right to claim
Page 228 and 229: 202 LEARNING OUTCOMES After studyin
Page 230 and 231: Definition of guardianship Awarding
Page 232 and 233: Mother as custodial parent Your tex
Page 234 and 235: Custody to a third party In the sec
Page 236 and 237: 210 made a restrictive order simila
Page 238 and 239: 212 . Access (16) What does the con
Page 242 and 243: Limitation on publication Exception
Page 244 and 245: 218 SUMMARY In this study unit you
Page 246 and 247: Customary marriages concluded befor
Page 248 and 249: Customary marriages concluded befor
Page 250 and 251: Invalid ito common law Valid ito Ac
Page 252 and 253: Position before commencement of the
Page 254 and 255: Ground for divorce Patrimonial cons
Page 256 and 257: Customary law part of culture Custo
Page 258 and 259: 232 . Registration of the marriage
Page 260 and 261: 234 . how a customary marriage can
Page 262 and 263: 236 SECTION VI Muslim marriages MOD
Page 264 and 265: 238 (2) set out the legislative rec
Page 266 and 267: 240 surviving spouse in a monogamou
Page 268 and 269: 242 and Muslim marriages constitute
Page 271 and 272: Life partnerships Section VII
Page 273 and 274: STUDY UNIT 24 Life partnerships MOD
Page 275 and 276: 2 GENERAL The general rule of our l
Page 277 and 278: espectively, certain job-related be
Page 279: . Definition (1) What is a life par
Page 282 and 283: 256 SECTION VIII Domestic violence
Page 284 and 285: (3) indicate that in terms of the D
Page 286 and 287: 260 In the next section we deal wit
Page 288 and 289: 262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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