key to the study guide - Name

Ground for divorce
Patrimonial consequences
of divorce
and her husband's guardianship over her. Further ensure that you know
what section 6 of the Act provides in respect of the wife's status. Lastly
also note that it is uncertain whether section 6 alters the status of multiple
wives of one man as against each other.
6 DISSOLUTION OF THE MARRIAGE
With regard to the dissolution of a customary marriage you should firstly
note that there is only one ground for divorce, namely the irretrievable
breakdown of the marriage. This is explained in the last paragraph on page
194, which you must study.
The second aspect you must study is the patrimonial consequences of
divorce. You need to study only the first paragraph on page 195 and the
last paragraph on page 196. You should firstly note that section 8(4)(a) of
the Recognition of Customary Marriages Act empowers the court to
incorporate a settlement agreement into the divorce order, make an order
regarding spousal maintenance, redistribute assets, order forfeiture of
benefits, and make an order regarding costs. The section also empowers
the court to rescind, vary or suspend a maintenance order or an order
regarding the spouses' children. Furthermore, the parties' pension interests
are deemed to form part of their assets upon divorce. In the case of the
dissolution of a marriage of a man who is a spouse in a polygynous
customary marriage section 8(4)(b) of the Act further requires the court to
take all relevant factors into consideration and to make an equitable order.
The section specifically lists a postnuptial alteration of the spouses'
matrimonial property system as a factor the court must take into account.
If the husband entered into another customary marriage after the coming
into operation of the Act the court must also take the existing order
regarding the matrimonial property system of the polygynous marriage
into account.
Interests of children With regard to the interests of the couple's children you must study the
information under the heading ``The interests of the children of
divorcing parents'' on page 197 of the textbook. There you will see that
the court may make an order regarding the children's guardianship and
custody, and that section 6 of the Divorce Act 70 of 1979 and the
Mediation in Certain Divorce Matters Act 24 of 1987 apply to the divorce.
Maintenance Maintenance is discussed at the bottom of page 197. Note that the court
must take into account any provision or arrangement that has been made
in accordance with customary law.
Joinder On page 198 it is explained that the court may order the joinder of anyone
who has a sufficient interest in the divorce proceedings. Examples of
persons who may have a sufficient interest are also given.
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