NAME: SONWABISE GXABUZA
STUDENT NUMBER: 69116679
MODULE: PVL2601
ASSIGNMENT: 2
DUE DATE: 25 Aug. 25
QUESTION 01
a) Common law requirements for duty of support between spouses are:
• There must be a valid marriage between the spouses
• Person claiming support must be in need of support.
• Person from whom support is claimed must be able to provide for it.
b) No, Ms X will not succeed in claiming spousal maintenance on the basis that Mr Z
intentionally impoverished himself. In the case of Reyneke v Reyneke the court pointed
out that it can only make a maintenance order if it satisfied that the person from whom
the maintenance is claimed is able to pay it, the case of Mr Z and Ms X, Mr Z resigned
from work, terminated his businesses and disposed assets and can no longer be able to
support Ms X. 1The duty of support applies not only to the husband, but to both spouses
in proportion to their means.
c) Duty of support terminates upon dissolution of the marriage; the duty comes to an end
upon the death of either of the spouses. In terms of the Maintenance of Surviving
Spouses Act 27 of 1990, The surviving spouse may however have a claim for
maintenance against the deceased spouses’ estate. Divorce also terminates the
reciprocal duty of support, but the court grants the decree of divorce may make a
maintenance order in favour of one of the spouses in terms of the Divorce Act 70 of
1979. I f the spouses are still married but no longer lives together, matrimonial guilt
determines whether the duty of support continues.
d) No
2.1
2.2
QUESTION 2
Mrs Deli seeks for some advice on whether the court will grant her a divorce in terms of the
Divorce Act even though her and her spouse cannot divorce in terms of their Catholic faith
religion.
2
The court has no discretion whether or not to grant divorce if one of the grounds for divorce has
been proven. The court may not refuse to order a divorce if the spouse within whose power it is
to have the religious marriage dissolved or the religious barrier removed has taken all the
necessary steps in this regard.
3
Section 5A applies only to the divorce proceedings of couples who, in addition to having
concluded a civil marriage, are also married in terms of a particular religion. A religious
marriage also qualifies as a civil marriage if it is monogamous and meets the requirements of
the Marriage Act 25 of 1961.
1
Chapter 5: Family law textbook 4th ed - The invariable consequences of a civil marriage page 45
2
Chapter 11: Family law textbook 4th ed -The courts’ discretion to refuse a decree of divorce page 124
3
Chapter 11: Family law textbook 4th ed- page 125
Since Mrs Deli is in a dual marriage and also a civil marriage, the civil marriage can be dissolved
in terms of the Divorce Act, 4but the religious marriage will not necessarily be terminated by the
secular divorce order that is granted in terms of the Divorce Act. Therefore since their religion
which is the Roman Catholic Faith does not allow divorce at all, there obviously is no way in
which the marriage can be dissolved regardless of any order from the court in terms of Section
5A of the Divorce Act.
4
Chapter 11: Family law textbook 4th ed- page 125 paragraph 3
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Index of comments
2.1 QUESTION 2
1 1/1
2 5/7
3 1/1
4 1/1
TOTAL 8/10
2.2 QUESTION 2
If the spouses’ religion does not allow divorce at all, and the spouses’ circumstances do not fall within one of
the grounds for having the marriage annulled in terms of the rules of their religion, neither spouse can do
anything to have the religious marriage terminated or the religious barrier to remarriage removed. In these
circumstances, the court will not refuse to grant the civil divorce or make another order in terms of section 5A of
the Divorce Act.
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