1 Which one of the following is NOT a requirement for a valid civil marriage?

[1] The parties must have capacity to act.

[2] The parties must be engaged to each other.
[3] The marriage must be lawful.
[4] The marriage must be concluded with the prescribed formalities.
(2)

2 A woman may not enter into a civil marriage with her ex-husband’s father
because they are related to each other by ...

[1] affinity in the direct line.

[2] affinity in the collateral line.
[3] consanguinity in the direct line.
[4] consanguinity in the collateral line.
(2)

3 Aaron and Buhle are married to each other. They are unable to conceive a
child and adopt a girl, Olga. Upon the death of Buhle, can Aaron and Olga
marry each other?

[1] Yes, they are not blood relatives in the direct line.
[2] Yes, an adoptive parent may marry his adopted child.
[3] No, they are relatives by affinity in the direct line.
[4] No, an adoptive parent may not marry his adopted child.
(2)

4 A voidable marriage is a …

[1] marriage which has none of the legal consequences of a valid

marriage.
[2] marriage in which one or both of the parties was unaware that there is
a defect which renders the marriage void.
[3] marriage where there are grounds on the basis of which the court can
be asked to set the marriage aside.
[4] simulated marriage or marriage of convenience.
(2)

5 Tebogo and Sipho married a year ago. When the parties married, Tebogo
knew that Sipho had been married before, but she did not know that Sipho’s
previous marriage had not yet been dissolved by divorce. Tebogo and Sipho’s
marriage is ...

[1] valid and unchallengeable.

[2] valid but voidable.
[3] void ab initio.
[4] void but putative.
(2)
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6 As against third parties, spouses who are married out of community of

property are ________________ liable for debts for household necessaries.

[1] jointly
[2] jointly and severally
[3] on a pro rata basis
[4] proportionately
(2)

7 In which one of the following instances would a married woman lose her right
to claim maintenance from her husband?

[1] The spouses agree to live apart because they no longer love each
other.
[2] The wife moves out of the matrimonial home because her husband
beats her.
[3] The wife moves out of the matrimonial home because she is having an
affair with her boss.
[4] The husband moves out of the matrimonial home because he is having
an affair with his boss.
(2)

8 In which one of the following cases did the Constitutional Court hold that
contempt proceedings in the High Court to secure the enforcement of a
maintenance debt are appropriate constitutional relief for the enforcement of
a claim for the maintenance of children?

[1] Fose v Minister of Safety and Security

[2] Reloomel v Ramsay
[3] Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius
[4] Bannatyne v Bannatyne
(2)

9 Themba and Stella married in community of property on 20 March 2020.

Which one of the following statements is correct?

[1] Stella will become co-owner of the movable property Themba owned
before the marriage once each of the properties is transferred to her by
way of delivery.
[2] Themba will become co-owner of the immovable property Stella owned
before the marriage when the property is registered in both spouses’
names in the Deeds Office.
[3] The spouses will only become co-owners of the property each of them
owned before the marriage if they agreed that they would become co-
owners after the marriage.
[4] When they married, the spouses automatically became co-owners of
the property each of them owned before the marriage.
(2)

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10 Mr and Mrs Kruger are married in community of property. Which one of the
following assets forms part of the spouses’ joint estate?

[1] Their matrimonial home, which is subject to a fideicommissum

[2] An amount of R150 000 Mrs Kruger received in terms of the Friendly
Societies Act 25 of 1956 during the marriage
[3] The motor vehicle Mrs Kruger bought before she married Mr Kruger
[4] The diamond ring Mr Kruger gave to Mrs Kruger when the couple got
engaged
(2)

11 Mr and Mrs Silver are married in community of property. They have a farm
that is subject to a usufruct. Which one of the following assets falls into their
joint estate?

[1] The crops on the farm that is subject to the usufruct

[2] The farm that is subject to the usufruct
[3] The beach cottage Mr Silver inherited from his father subject to the
proviso that Mr Silver’s son must inherit the cottage on Mr Silver’s
death
[4] The disability payments Mrs Silver received after being injured when
she fell off a stage at a music concert
(2)

12 A debtor wants to claim a delictual debt that Beauty incurred during her
marriage in community of property with Solomon. Beauty and Solomon are
now divorced. Against whom can the debtor institute the claim for the delictual
debt?

[1] Only Solomon

[2] Only Beauty
[3] Either Solomon or Beauty
[4] Solomon and Beauty together
(2)

13 Dumisani is the sole member of a close corporation. In the ordinary course of

business, Dumisani bound himself as surety for the close corporation’s loan
from Standard Bank. Dumisani did so without the consent of Lebo, to whom
he is married in community of property. The transaction is …

[1] valid in terms of section 15(9)(a) of the Matrimonial Property Act 88 of

1984.
[2] void in terms of section 15(9)(a) of the Matrimonial Property Act 88 of
1984.
[3] valid in terms of section 15(6) of the Matrimonial Property Act 88 of
1984.

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[4] void in terms of section 15(6) of the Matrimonial Property Act 88 of

1984.
(2)

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14 Mr and Mrs Smith are married in community of property. Mrs Smith has
discovered that Mr Smith is planning to transfer almost all the assets of the
joint estate to his brother without her consent. Which one of the following
common-law remedies can Mrs Smith invoke to prevent her husband from
transferring the assets to his brother?

[1] An interdict
[2] The right to recourse upon dissolution of the joint estate
[3] The actio Pauliana utilis
[4] An application to have Mr Smith declared a prodigal
(2)

15 Mr and Mrs Mahlangu are married in community of property. For which one of
the following legal proceedings does Mr Mahlangu need Mrs Mahlangu’s
written consent in terms of section 17 of the Matrimonial Property Act 88 of
1984?

[1] Instituting legal proceedings against his brother in connection with the
farm the brothers inherited from their father subject to the condition that
the farm must never become part of any joint estate
[2] Instituting legal proceedings for the recovery of non-patrimonial loss for
a delict his neighbour committed against him
[3] Instituting legal proceedings for the recovery of patrimonial loss for a
delict his neighbour committed against him
[4] Instituting legal proceedings against a client who supplies packaging
material to the farm he and his brother inherited from their father
subject to the condition that the farm must never become part of any
joint estate
(2)

16 Before their marriage, Jack and Gill agreed that they would marry out of
community of property. They signed an antenuptial contract, but this contract
was never properly executed and registered. What must Jack and Gill now do
to ensure that they are formally married out of community of property?

[1] They do not have to do anything.

[2] They must bring a court application in terms of section 88 of the Deeds
Registries Act 47 of 1937 for permission to have the contract executed
and registered after the marriage.
[3] They must bring a court application in terms of section 21(1) of the
Matrimonial Property Act 88 of 1984 for leave to change their
matrimonial property system.
[4] They must enter into a postnuptial written agreement and have it
notarially executed.
(2)

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17 In Mr and Mrs Khumalo’s antenuptial contract Mr Khumalo undertakes to

transfer an insurance policy to Mrs Khumalo as soon as their first child is born.
This clause is called a …

[1] succession clause.

[2] “clean break” clause.
[3] marriage settlement.
[4] reversion clause.
(2)

18 Mr and Mrs Nkosi are married subject to the accrual system. When they
married, Mrs Nkosi had no debts and owned a house which was valued at
R100 000. Suppose that during the subsistence of the marriage money
depreciated to such an extent, that according to the consumer price index, R2
now has the same value as R1 at the beginning of the marriage. Which one of
the following amounts reflects the initial value of Mrs Nkosi’s estate?

[1] R0
[2] R50 000
[3] R100 000
[4] R200 000
(2)

19 Mr and Mrs Malamo are married subject to the accrual system. Some months
ago, Mr Malamo’s neighbour falsely accused Mr Malamo of being a child
molester. This accusation was made in front of many people who live in the
same street as the Malamos. The neighbour also severely assaulted Mr
Malamo with an axe. As a result of the axe attack, Mr Malamo spent several
months in hospital, had several operations, could not work for five months,
and has been left with a permanent limp. Mr Malamo received compensation
from his neighbour as a result of the attack. He also successfully sued his
neighbour for compensation for defamation. Select the one type of
compensation from the list below that forms part of the accrual in Mr Malamo’s
estate.

[1] Compensation for bodily injuries

[2] Compensation for pain and suffering
[3] Compensation for loss of income
[4] Compensation for defamation
(2)

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20 Mr and Mrs Tsholo are married subject to the accrual system. They are
getting divorced. During the marriage, Mrs Tsholo inherited R100 000 from
her mother, received R100 000 for loss of income and R100 000 for pain and
suffering, and received a donation of R100 000 from her uncle. Which one of
the following amounts reflects the value of the assets that do not form part of
the accrual in Mrs Tsholo’s estate?

[1] R100 000

[2] R200 000
[3] R300 000
[4] R400 000
(2)

21 Mr and Mrs Smith are married subject to the accrual system. Mr Smith died
last week. At the time of his death, the accrual in his estate was R500 000 and
the accrual in Mrs Smith’s estate was R100 000. Which one of the following
amounts reflects the amount of the accrual claim Mrs Smith has against Mr
Smith’s estate?

[1] R200 000

[2] R250 000
[3] R300 000
[4] R400 000
(2)

22 In terms of the decision in Brookstein v Brookstein 20808/14 [2016] ZASCA

40 (24 March 2016) (reported as AB v JB 2016 (5) SA 211 (SCA)), the value
of a divorcing spouse’s estate for purposes of determining the accrual must be
determined ...

[1] on the date when the divorce action is initiated by the plaintiff.
[2] at litis contestatio.
[3] on the date when the divorce trial starts.
[4] on the date when the divorce order is made.
(2)

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23 Which one of the following statements regarding the dissolution of a civil

marriage by the death of one of the spouses is correct?

[1] If a civil marriage in community of property is terminated by the death of

one of the spouses, the surviving spouse pays all the debts owed by
the joint estate and claims all debts owed to the joint estate.
[2] If a civil marriage out of community of property is terminated by the
death of one of the spouses, the antenuptial contract is automatically
terminated.
[3] The surviving spouse in a civil marriage may claim maintenance from
the estate of his or her deceased spouse if the death occurred after 1
December 2000.
[4] If a surviving spouse in a civil marriage has a claim for maintenance
from the estate of his or her deceased spouse, the claim must be
proved and disposed of in terms of the Administration of Estates Act 66
of 1965.
(2)

24 Which section of the Divorce Act 70 of 1979 creates an exception to the rule
that the court does not have the power to refuse to grant a divorce order
where it is proved that the marriage has broken down irretrievably?

[1] Section 3
[2] Section 4(1)
[3] Section 4(2)
[4] Section 5A
(2)

25 In terms of section 5(2) of the Divorce Act 70 of 1979, a defendant’s

continuous unconsciousness may constitute a ground for divorce if, inter alia,
the unconscious state has lasted for a continuous period of at least
________________ immediately prior to the institution of the divorce action.

[1] two years

[2] one year
[3] six months
[4] three months
(2)

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26 In terms of the Divorce Act 70 of 1979, a spouse’s pension interest is

excluded from his or her estate upon divorce if he or she married on or after 1
November 1984 in terms of an antenuptial contract which ...

[1] excludes community of property, community of profit and loss and the
accrual system.
[2] excludes community of property and community of profit and loss, and
includes the accrual system.
[3] includes community of property and community of profit and loss, but
excludes the accrual system.
[4] includes community of property, but excludes community of profit and
loss.
(2)

27 In which of the following cases did the court hold that because section 7(7)(a)
of the Divorce Act 70 of 1979 unequivocally states that a pension interest is
deemed to be part of a spouse’s assets when determining the patrimonial
benefits to which divorcing spouses may be entitled, the value of the pension
interest is included in the joint estate of spouses married in community of
property even if the divorce order does not refer to the pension interest?

[1] Botha v Botha

[2] GN v JN (also reported as Ndaba v Ndaba)
[3] Wijker v Wijker
[4] REM v VM (also reported as Mills v Mills)
(2)

28 Which one of the following criteria does the court have to take into account
when considering an order for the forfeiture of patrimonial benefits against a
spouse in terms of section 9 of the Divorce Act 70 of 1979?

[1] Undue benefit

[2] The principle of fairness
[3] The one-third rule
[4] The yardstick of equality
(2)
29 In which of the following cases did the court hold that when considering a
forfeiture order in terms of section 9 of the Divorce Act 70 of 1979, the first
step is to determine whether or not the party against whom the order is sought
will in fact be benefitted?

[1] Botha v Botha

[2] GN v JN (also reported as Ndaba v Ndaba)
[3] Wijker v Wijker
[4] REM v VM (also reported as Mills v Mills)

(2)

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30 Mr and Mrs Botha are married in community of property. Which one of the
following assets can be forfeited by Mr Botha if Mrs Botha succeeds with a
claim for total forfeiture of benefits against him upon divorce?
[1] The house Mrs Botha owned before the spouses married
[2] The house Mr Botha owned before the spouses married
[3] The car Mr Botha bought for himself during the marriage with money he
derived from his business
[4] The car Mr Botha bought for Mrs Botha’s personal use during the
marriage with money he derived from his business
(2)

31 Mr and Mrs Brown are married in community of property. Mrs Brown brought
a third of the joint estate into the marriage. If the court awards total forfeiture
in terms of section 9(1) of the Divorce Act 70 of 1979 against Mr Brown, what
will Mrs Brown receive?

[1] Half of the joint estate

[2] Half of what Mr Brown brought into the marriage
[3] A third of the joint estate
[4] A third of what Mr Brown brought into the marriage
(2)

32 In a civil marriage, the court’s power to redistribute property upon divorce

applies if the spouses married before 2 December 1988 in terms of section
22(6) of the Black Administration Act 38 of 1927 or married ...

[1] on or after 1 November 1984 in terms of an antenuptial contract which

excludes community of property, community of profit and loss and the
accrual system.
[2] on or after 1 November 1984 in terms of an antenuptial contract
which includes community of property and community of profit and
loss, but excludes the accrual system.
[3] before 1 November 1984 in terms of an antenuptial contract which
includes community of property and community of profit and loss, but
excludes the accrual system.
[4] before 1 November 1984 in terms of an antenuptial contract which
excludes community of property and community of profit and loss and
the accrual system.
(2)

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33 Select the one correct option from the statements below about redistribution of
assets in terms of the Divorce Act 70 of 1979.

[1] Determining whether one spouse has made a contribution to the

maintenance or increase of the other spouse’s estate is not a factual
matter and is left entirely to the discretion of the court.
[2] An asset a spouse inherited or received as a donation during the
marriage may be taken into account for purposes of a redistribution
order.
[3] When it considers redistribution, the court adopts a liberal approach to
taking the misconduct of the spouses into account.
[4] The court may make a redistribution order against a spouse even if the
spouse is insolvent.
(2)

34 Mr and Mrs Pillay are getting divorced. Mrs Pillay has never worked outside
the home. Mr Pillay offers to pay post-divorce maintenance to Mrs Pillay, but
insists that the maintenance must be subject to a dum casta clause. This
means that Mrs Pillay will forfeit maintenance if ...

[1] she gets a job.

[2] she leads an unchaste life.
[3] Mr Pillay loses his job.
[4] Mr Pillay becomes disabled.
(2)

35 Nowadays an employable woman is increasingly granted the following

maintenance award upon divorce:

[1] Rehabilitative maintenance

[2] Permanent maintenance
[3] Token maintenance
[4] Lump-sum maintenance
(2)

36 What kind of maintenance can be awarded to a wife who needs maintenance

at the time of divorce, but whose former husband will only be able to meet her
existing maintenance needs at some stage in the future?

[1] Rehabilitative maintenance

[2] Token maintenance
[3] Lump-sum maintenance
[4] No maintenance
(2)

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37 In Kooverjee v Kooverjee, a rehabilitative maintenance award was made in

favour of the wife for a substantial period. The maintenance amount was,
however, to be decreased every two years by an amount of …

[1] R1 000.
[2] R2 000.
[3] R3 000.
[4] R4 000.
(2)

38 The type of care in terms of which a parent will get care of a child only once
that parent has satisfied the court that adequate arrangements have been
made to receive the child into his or her care is known as …

[1] sole care.

[2] supervised care.
[3] divided care.
[4] deferred care.
(2)

39 Paul and Mary are involved in divorce litigation. They have a son, aged 6 and
a daughter, aged 1. In which one of the following scenarios does the family
advocate, according to the decision in Van Vuuren v Van Vuuren, NOT need
to apply for an order authorising an enquiry in terms of the Mediation in
Certain Divorce Matters Act 24 of 1987?

[1] Paul and Mary agree that Mary will be the care-giving parent of the
children after the divorce.
[2] Paul and Mary agree that Paul will be the care-giving parent of the
children after the divorce.
[3] Paul and Mary agree that Paul will be the care-giving parent of their
son and Mary will be the care-giving parent of their daughter after the
divorce.
[4] Paul and Mary agree that care of the children should be awarded to
Paul’s parents after the divorce.
(2)

40 When Mr and Mrs Botha divorced, the court awarded guardianship of their
minor child to Mrs Botha only and excluded Mr Botha from exercising
guardianship over the child. The type of guardianship the court awarded to
Mrs Botha is called ...

[1] single guardianship.

[2] guardianship simpliciter.
[3] sole guardianship.
[4] concurrent guardianship.
(2)

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41 In terms of section 8(1) of the Recognition of Customary Marriages Act 120 of

1998, a customary marriage is dissolved by divorce by…

[1] an order of the court.

[2] an order of the Traditional Council.
[3] returning the lobolo to the husband’s family.
[4] returning the wife to her family’s homestead/family home.
(2)

42 The Minister of Home Affairs has extended the date for registration of
customary marriages to ...

[1] 30 August 2020.

[2] 1 January 2021.
[3] 30 May 2024.
[4] 30 June 2024.
(2)

43 As a result of the decision of the Constitutional Court in _________________

all monogamous customary marriages are in community of property unless
the spouses enter into an antenuptial contract.

[1] Gumede v President of the Republic of South Africa

[2] MM v MN
[3] Holomisa v Holomisa
[4] Ramuhovhi v President of the Republic of South Africa
(2)

44 The court’s power to redistribute property upon the dissolution of a customary

marriage by divorce applies ...

[1] only to customary marriages concluded subject to complete separation

of property.
[2] only to customary marriages concluded subject to complete separation
of property before 2 December 1988.
[3] in no customary marriage at all.
[4] to all customary marriages.
(2)

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45 In _________________ the Constitutional Court held that a surviving spouse

in a monogamous Muslim marriage qualifies as a “spouse” and “survivor” in
terms of the Intestate Succession Act 81 of 1987 and the Maintenance of
Surviving Spouses Act 27 of 1990.

[1] Hassam v Jacobs

[2] Daniels v Campbell
[3] Ryland v Edros
[4] Hoosein v Dangor
(2)

46 As a general rule, a permanent life partnership……

[1] can be regarded as a civil partnership.

[2] can be regarded as a common law marriage.
[3] does not confer the consequences of a valid marriage.
[4] does not exempt donations between the partners from donations tax.
(2)

47 Section 28(1)(c) of the Constitution of the Republic of South Africa, 1996

entitles every child to basic…

[1] family life, nationality, family care or parental care.

[2] nutrition, shelter, love and education.
[3] shelter and health care.
[4] nutrition, shelter, basic health care and social services.
(2)

48 Timothy, currently 10 years old, was born of Janet and Tom’s marriage which
was recently dissolved by divorce. Care of Timothy was awarded to Janet.
Which one of the following actions may Janet take without Tom’s consent?

[1] Apply for a passport for Timothy

[2] Take Timothy on holiday to Zimbabwe
[3] Raise Timothy as a Jehovah’s witness
[4] Sell the flat Timothy inherited from his grandfather
(2)

49 For a parental responsibilities and rights agreement relating to guardianship to

become enforceable, it must be made an order of court by ...

[1] the Family Advocate.

[2] the High Court.
[3] a Divorce Court in a divorce matter.
[4] the Children’s Court.
(2)

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50 Which one of the following events does NOT terminate the duty of support of
a parent towards a child?

[1] The child’s attainment of majority

[2] The child’s adoption by other parents
[3] The child’s marriage to a wealthy spouse
[4] The child’s death
(2)

TOTAL PAPER: [100]

©
UNISA 2020

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