key to the study guide - Name

More documents

Recommendations

Info

252 In the past, the Minister of Home Affairs refused to approve marriage formulae that referred to same-sex couples. Once a religious denomination or organisation has acquired the Minister's approval of its marriage formula it will be able to marry same-sex couples. No religious denomination or organisation will however be compelled to marry samesex couples. Until the Marriage Act is amended same-sex couples who do not wish to have a religious marriage ceremony will not be able to get married. (The supreme court of appeal did not consider the constitutionality of the marriage formula in the Marriage Act, as the parties did not dispute the constitutionality of the Act.) This state of affairs clearly amounts to inequality before the law and unequal protection and benefit of the law, which violates section 9 of the Constitution. However, the position may soon change, as the Minister of Home Affairs has lodged an appeal against the supreme court of appeal's decision. ACTIVITY John and William have been living together as life partners for 10 years and wish to get married now. They want to know from you if they can conclude a valid marriage. Advise them on this matter. FEEDBACK Since the decision in Fourie v Minister of Home Affairs dealt only with the common-law definition of marriage and not with the marriage formula in the Marriage Act which refers to ``husband'' and ``wife'', John and William can still not conclude a valid marriage. The Marriage Act however allows marriage officers who are ministers of religion or who hold a responsible position in a religious denomination or organisation to follow the marriage formula which is usually observed by that denomination or organisation if the particular formula has been approved by the Minister of Home Affairs. Therefore, if a religious denomination or organisation obtains the Minister's approval of a marriage formula which makes provision for same-sex couples John and William will indeed be able to conclude a valid marriage. A constitutional attack on the Marriage Act's prohibition on same-sex marriage would probably also be successful, as such prohibition clearly violates gay and lesbian persons' rights to equality, dignity and privacy. 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.
. Definition (1) What is a life partnership? . General (2) What is the general rule with regard to the legal consequences of cohabitation outside marriage? . Recognition of heterosexual life partnerships (3) List the legislative recognition extended to heterosexual life partnerships thus far. . Recognition of same-sex life partnerships (4) Briefly discuss the legislative and judicial recognition extended to same-sex life partnerships thus far. . The Constitution and life partnerships (5) Explain whether the law's refusal to treat heterosexual life partners like spouses is constitutional or not. (6) Explain whether the law's refusal to treat same-sex life partners like spouses is constitutional or not. (7) Briefly discuss the effect of the decision in Fourie v Minister of Home Affairs. NOTE THAT YOU SHOULD ALSO BE ABLE TO ANSWER PROBLEM-TYPE QUESTIONS ON THE CONTENTS OF THIS STUDY UNIT. SUMMARY In this study unit you learned . what a life partnership is . what the general rule is with regard to the legal consequences of cohabitation outside marriage . that mainly legislation has extended limited recognition to heterosexual life partnerships thus far . that legislation and court decisions have increasingly extended recognition to same-sex life partnerships . that the law's refusal to treat heterosexual life partners like spouses is probably constitutional . that the law's refusal to treat same-sex life partners like spouses is probably unconstitutional The next section deals with domestic violence. All persons who are, or who have been, in a domestic relationship (including life partnerships) qualify for protection in terms of the Domestic Violence Act 116 of 1998. 253
Page 2 and 3:
# 2000 University of South Africa R
Page 4 and 5:
iv 17 Forfeiture of patrimonial ben
Page 6 and 7:
vi Ð analyse and critically evalua
Page 8 and 9:
The content of this module can be g
Page 10 and 11:
x Bibliography CronjeÂ DSP & Heato
Page 12 and 13:
xii guide you are told what to read
Page 15 and 16:
Glossary
Page 17 and 18:
ad litem for the case or suit affid
Page 19 and 20:
descendants your descendants are th
Page 21 and 22:
legislation things like Acts, procl
Page 23 and 24:
e in connection with or in the case
Page 25:
void marriage a marriage which has
Page 28 and 29:
2 SECTION I Introduction to family
Page 30 and 31:
4 STUDY UNIT 1 In preparation MODUL
Page 32 and 33:
Order in which authoritative source
Page 34 and 35:
8 South Eastern Cape local division
Page 36 and 37:
10 without qualification. Where a p
Page 38 and 39:
12 2.4 The magistrates' courts and
Page 40 and 41:
14 STUDY UNIT 2 Content of family l
Page 42 and 43:
Wide and narrow meaning 16 branches
Page 44 and 45:
18 STUDY UNIT 3 Historical overview
Page 46 and 47:
20 HAVE YOU READ THE ``KEY TO THE S
Page 48 and 49:
22 Engagement SECTION II Marriage l
Page 50 and 51:
24 Engagement STUDY UNIT 4 The enga
Page 52 and 53:
Distinction between engagement and
Page 54 and 55:
28 in the missing words. The words
Page 56 and 57:
ACTIVITY This activity tests your u
Page 58 and 59:
Lawfulness and possibility Finalisa
Page 60 and 61:
ACTIVITY On page 12 of your prescri
Page 62 and 63:
36 engagement, the courts calculate
Page 64 and 65:
Action on ground of seduction 38 FE
Page 66 and 67:
40 fallen in love with another woma
Page 68 and 69:
42 marriage itself. First of all yo
Page 70 and 71:
Prodigal Insane person Person place
Page 72 and 73:
had been so threatened and assaulte
Page 74 and 75:
Adoptive parent and adopted child P
Page 76 and 77:
Common ancestor prospective spouses
Page 78 and 79:
Blood relatives in direct line Bloo
Page 80 and 81:
54 (2) (a) T is related to Mr A wit
Page 82 and 83:
56 QUESTIONS NB: Make sure that you
Page 84 and 85:
Engagement STUDY UNIT 6 The civil m
Page 86 and 87:
60 INSTANCES PERSON/PERSONS/AUTHORI
Page 88 and 89:
62 antenuptial contract, the questi
Page 90 and 91:
64 (2) Whose consent is needed if a
Page 92 and 93:
66 LEARNING OUTCOMES The purpose of
Page 94 and 95:
(3) When only can a man apply for t
Page 96 and 97:
70 ACTIVITY Place each of the follo
Page 98 and 99:
Legitimacy of a child born of a put
Page 100 and 101:
74 Engagement STUDY UNIT 8 The inva
Page 102 and 103:
Variable versus invariableconsequen
Page 104 and 105:
Maintenance = support Meaning of ``
Page 106 and 107:
Requirements for capacity Terminati
Page 108 and 109:
Revocation or limitation of the cap
Page 110 and 111:
84 FEEDBACK This statement is false
Page 112 and 113:
86 (16) Discuss the concept ``house
Page 115 and 116:
Matrimonial property law Section II
Page 117 and 118:
OVERVIEW In section III we look at
Page 119 and 120:
Primary matrimonial property system
Page 121 and 122:
3.1 Assets Joint assets In your pre
Page 123 and 124:
Jacob also exchanges the tractor wh
Page 125 and 126:
Attachment of separate assets FEEDB
Page 127 and 128:
Debts incurred during the subsisten
Page 129 and 130:
QUESTIONS NB: Make sure that you ca
Page 131 and 132:
Marriage in community of property N
Page 133 and 134:
Equal concurrent management Section
Page 135 and 136:
lawfully since Mr Khumalo's written
Page 137 and 138:
FEEDBACK CIRCUMSTANCES CONSEQUENCES
Page 139 and 140:
Requirements: (a) The court should
Page 141 and 142:
study unit (study unit 9) where the
Page 143 and 144:
PLEASE NOTE: YOU SHOULD ALSO BE ABL
Page 145 and 146:
found in such a contract. The next
Page 147 and 148:
FEEDBACK The Deeds Registries Act 4
Page 149 and 150:
not, as many people wrongly think,
Page 151 and 152:
Page 153 and 154:
Aim of legislature in introducing a
Page 155 and 156:
Accrual and accrual claim relate to
Page 157 and 158:
ACTIVITY Provide a summary of the s
Page 159 and 160:
The accrual in Mr X's estate is cal
Page 161 and 162:
suffered and/or still suffers, and
Page 163 and 164:
Page 165 and 166:
Relaxation of principle of immutabi
Page 167 and 168:
Requirements Procedural requirement
Page 169 and 170:
concluded before the marriage. Subs
Page 171:
not change their matrimonial proper
Page 174 and 175:
148 SECTION IV Dissolution of marri
Page 176 and 177:
150 IV DISSOLUTION OF MARRIAGE Deat
Page 178 and 179:
Extra-judicial separation Predeceas
Page 180 and 181:
154 (3) the standard of living of t
Page 182 and 183:
Page 184 and 185:
. Prescribed textbook 124±126 ``11
Page 186 and 187:
160 (2) Provide a short explanation
Page 188 and 189:
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:
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 240 and 241: 214 LEARNING OUTCOMES The purpose o
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: espectively, certain job-related be
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
Page 290 and 291: 264 STUDY UNIT 26 Children's rights
Page 292 and 293: Ways to obtain authority 266 regula
Page 294 and 295: Wide and narrow meaning Guardianshi
Page 296 and 297: Meaning of judicial interference it
Page 298 and 299: 272 (2) Which special rights are gi
Page 300 and 301: 274 . what parental power is . how
Page 302 and 303: In this study unit we shall look at
Page 304 and 305: In Petersen v Maintenance Officer t
Page 306 and 307: 280 (7) Does a stepparent have a du
Page 308 and 309: 282 SECTION X Guardianship and cura
Page 310 and 311: 284 You will further note in this s
Page 312 and 313: Definitions 286 1.2 The requirement
Page 314 and 315: 288 QUESTIONS NB: Make sure that yo
show all

key to the study guide - Name

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?