Marriage Consequences Overview

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Questions and Answers

What are invariable consequences of marriage?

Future rights related to the distribution of joint assets

Patrimonial consequences based on chosen property systems

Personal consequences such as change in status and reciprocal duty of support (correct)

The financial obligations of spouses to each other following separation

What does the term 'Consortium Omnis Vitae' refer to?

A legal document required for marriage validation

The process through which spouses attain majority upon marriage

A financial agreement between spouses for property division

A special reciprocal relationship emphasizing cohabitation and support (correct)

Which of the following is NOT a personal consequence of marriage?

Change in the legal status of the spouse

Creation of intestate succession rights between spouses

The establishment of shared financial accounts (correct)

Prohibition against entering into further marriages

What does the term 'household necessaries' likely refer to in the context of marriage?

Basic needs that both spouses are expected to contribute to Signup and view all the answers

Which of these statements about the status of married individuals is true?

Minors attain majority through marriage, gaining full legal capacity Signup and view all the answers

What is enticement in the context of marital relations?

A third party influencing a spouse to leave the other spouse Signup and view all the answers

Which statement regarding reciprocal spousal maintenance is correct?

Maintenance claims depend on the need of one spouse and the ability of the other to provide Signup and view all the answers

What factor does NOT affect the duty of support after divorce?

The marital property system chosen at marriage Signup and view all the answers

Which of the following actions cannot be litigated upon the basis of loss of consortium?

Adultery by one spouse Signup and view all the answers

What is one condition under which reciprocal duties of support may continue after divorce?

If there is an agreement to maintain per the Divorce Act Signup and view all the answers

What is a primary requirement for unjustified enrichment to be claimed?

Enrichment must occur at the expense of a third party. Signup and view all the answers

In situations where parties are married in community of property, how is liability for household debts determined?

Both spouses are jointly liable regardless of who incurred the debt. Signup and view all the answers

What is an essential condition for the liability of spouses regarding debts incurred for household necessaries?

The goods must be reasonably necessary for the joint household. Signup and view all the answers

Under the principle of negotiorum gestio, what is a key factor for liability?

The management must occur without the consent of the other party. Signup and view all the answers

Which of the following is true regarding the court's approach to determining reasonable household necessaries?

The court's approach can be subjective or objective based on the case's facts. Signup and view all the answers

What happens to spousal liability for debts once the marriage is dissolved?

All debts automatically become individual liabilities. Signup and view all the answers

What was the legal stance on donations between spouses prior to section 22 of the Matrimonial Property Act?

Donations between spouses were prohibited. Signup and view all the answers

In a marriage out of community of property, how is liability for debts categorized?

Spouses are liable on a pro-rata basis but have no recourse unless stated otherwise. Signup and view all the answers

What is a notable criterion for the joint liability of spouses for household necessaries in community of property?

The purchase does not have to be jointly agreed upon. Signup and view all the answers

What is a basis upon which third parties may hold a non-contracting spouse liable?

On the principle of unjustified enrichment or negotiorum gestio. Signup and view all the answers

Study Notes

Invariable and Variable Consequences of Marriage

Personal Consequences: These affect the status of the spouses and are automatically applied by law.
Patrimonial Consequences: These deal with property and wealth and are variable as spouses can choose their matrimonial property system.
Personal Consequences include: Changes in legal status, Consortium Omnis Vitae, and Reciprocal Duty of Support.

Status of the Spouse & Diverse Personal Consequences

Marriage creates a relationship of affinity between spouses and their blood relatives.
Spouses are prohibited from entering further marriages during the lifetime of their current spouse.
A minor attains majority through marriage.
Marriage creates intestate succession rights between spouses.
Parents become holders of parental responsibilities and rights.
Community of property restricts spouses' capacity to enter certain transactions.

Consortium Omnis Vitae

A special reciprocal relationship between spouses characterized by physical, moral, and spiritual community.
Components of Consortium: Cohabitation, mutual assistance and support, fidelity and loyalty, companionship, love, affection, comfort, mutual services, and sexual intercourse.
Protection of Consortium:
- Against Other Spouse: Marital communication is considered privileged, protection via Domestic Violence Protection Orders, criminal or delictual liability for harm inflicted.
- Against Third Parties: Enticement, harboring, and adultery (the latter is no longer a basis for litigation).
- Marital Privilege: One spouse is not compelled to testify against the other, but both are competent to do so.
Types of Actions:
- Enticement: A third party inducing one spouse to leave another, threatening their loyalty.
- Harbouring: Accommodating a spouse with the intent to sever the marital relationship.
- Adultery: Is no longer litigable for loss of consortium.

Reciprocal Spousal Maintenance (DI - General Principles)

Duty of Support: Exists from the date of marriage, irrespective of the chosen matrimonial property system.
Pro-rata Contribution: Each spouse contributes in proportion to their means.
Need and Ability: A claim for maintenance depends on the need of one spouse and the ability of the other to provide it.
Dissolution by Death or Divorce: The duty is terminated by death or divorce.
Exceptions: Agreement to maintain (in terms of Divorce Act), maintenance after death (in terms of Maintenance of Surviving Spouses Act).

Reciprocal Spousal Maintenance (DII - Household Necessaries)

General Principles: Part of the duty of support, sometimes overlapping.
Community of Property: Spouses are jointly and severally liable for household necessaries.
Out of Community of Property: Spouses are jointly and severally liable, with pro-rata contributions.
Requirements for Liability: Valid marriage, joint household, purchase of reasonably necessary household items.
Defining Reasonable Household Necessaries: Dependent on facts, court uses both subjective and objective approaches.
Considerations: Financial position, social status, standard of living, local practices and customs.
Termination: The power is terminated by dissolution of marriage or the end of the joint household.
Suspension: A court can suspend the power of one spouse (MPA s 16(2)) or issue an interdict based on common law.

Donations Between Spouses

Pre-MPA s 22: Donations between spouses were prohibited.
Rationale: To prevent exploitation of one spouse by the other and to maintain the equal and balanced relationship of the marriage.

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Description

This quiz explores the invariable and variable consequences of marriage, focusing on both personal and patrimonial aspects. Understand the legal status changes, property implications, and responsibilities that come with marital relationships. Test your knowledge on concepts like Consortium Omnis Vitae and intestate succession rights.