PVL2601 - Combined Tut201 Family Law 2026

DEPARTMENT OF PRIVATE LAW FAMILY LAW (PVL2601) TO ALL STUDENTS OF FAMILY LAW TUTORIAL LETTER : MEMORANDUM FOR ASSIGNMENTS 01, 02 AND 03 FOR SEMESTERS 1 AND 2 MEMORANDUM FOR ASSIGNMENT 02 FIRST SEMESTER 1

If Cindy is pregnant with John’s child when she marries Peter, and Peter is blissfully unaware of this, the marriage is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. (1) 1 [2] (See the prescribed textbook p 37 and the study guide pp 67-68.) 2 Mr and Mrs Mathe are married in community of property. What form of consent does Mrs Mathe require from Mr Mathe to withdraw money credited to his name in a bank account? [1] Prior written consent attested by two competent witnesses. [2] Written consent attested by two competent witnesses. [3] Written consent without any further requirements. [4] Oral or tacit consent (1) 2 [3] (See the prescribed textbook p 76-77.) 3 Mr and Mrs Roux married out of community of property with the accrual system in 2000. At that time, Mr Roux had R10 000 and no debts, while Mrs Roux had a study debt of R5 000. Mrs Roux now sues Mr Roux for a divorce. Suppose that during the subsistence of the marriage money depreciated to such an extent that, according to the consumer price index, R2,00 now has the same value as R1,00 at the beginning of the marriage. Which of the following amounts reflect the net commencement values of Mr and Mrs Roux’s estates respectively at the time of the dissolution of the marriage? [1] R20 000 and R 0 [2] R10 000 and –R5 000 [3] R 5 000 and R 0 [4] R 0 and R5 000 (1) 3 [1] (See the prescribed textbook pp 96-97 and the study guide pp 129-130.) Mr and Mrs Naidoo’s marriage was dissolved by Mr Naidoo’s death last month. Mrs Naidoo has a maintenance claim against the deceased estate of Mr Naidoo. In terms of which one of the following ways may her claim NOT be disposed of? [1] The payment of a lump-sum maintenance in terms of an agreement with the executor and interested heirs [2] The payment of a lump-sum maintenance in terms of a court order [3] The payment of monthly maintenance instalments in terms of an agreement with the executor and interested heirs [4] The payment of monthly maintenance instalments in terms of a court order (1) 4 4 Option [2] was the correct option at the stage when Tutorial Letter 101 was compiled, but the position has since been changed by the decision of the Supreme Court of Appeal in Oshry and Oshry v Feldman. (See Tutorial Letter 102 at study unit 14.) 5 In our divorce law the following legal concept is used to determine that a normal marriage relationship no longer exists between spouses: [1] animus iniuriandi [2] boni mores [3] consortium omnis vitae [4] pactum successorium (1) 5 [3] (See the prescribed textbook pp 115-116 and the study guide p 159.) 6 Mr and Mrs Modise were married out of community of property with exclusion of the accrual system on 10 December 2000. They are now involved in divorce proceedings. With regard to Mr Modise’s pension interest in Unisa’s pension fund, Mrs Modise ... [1] will be entitled to claim that part of Mr Modise’s pension interest is paid immediately directly to her. [2] will be entitled to claim that part of Mr Modise’s pension interest is transferred immediately to a pension fund of her choice. [3] will not be entitled to claim part of Mr Modise’s pension interest until such time as he retires or resigns from his job at Unisa. [4] will not be entitled to claim part of Mr Modise’s pension interest at all. (1) 6 [4] (See the prescribed textbook pp 129-130.)