Matrimonial Property Act: Changing Property Systems

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What did the parties agree to in the event of dissolution of the marriage?

To ensure the second applicant receives a fair share of the appreciated amount (correct)
To maintain the current distribution of assets
To divide the estate equally
To exclude the accrual system from the date of the wedding

What was the issue with the postnuptial contract?

It was not registered in the deeds registry (correct)
It was not signed by the parties
It did not include the accrual system
It was not executed by the court

Why did the husband claim to share in his wife's accrual?

Because he was the one who initiated the divorce
Because he had a larger accrual in his estate
Because he was the sole breadwinner
Because the postnuptial contract was void and he relied on the ANC (correct)

What did the court hold regarding the postnuptial contract?

It was void and unenforceable (D) Signup and view all the answers

What is one of the general ways in which a marriage may dissolve?

Death of one or both of the spouses (C) Signup and view all the answers

What did the parties marry out of?

Cop (D) Signup and view all the answers

What is the main purpose of the application in terms of section 21(1) of the Matrimonial Property Act in the Ex Parte Oosthuizen case?

To change the matrimonial property system from cop to separation of property with retroactive effect (A) Signup and view all the answers

What is the narrow sense of an Ante Nuptial Contract (ANC)?

A formal contract executed before a notary and registered in the deeds office (A) Signup and view all the answers

What is required for the creation of a valid ANC?

It must be attested by a notary and registered in the deeds office (B) Signup and view all the answers

What is the purpose of approaching a court in the context of a postnuptial ANC?

To formalize the ANC if the parties failed to properly execute and register it (B) Signup and view all the answers

What is the requirement for the court to allow the formalization of a postnuptial ANC?

The parties must have definitely agreed upon the terms of the ANC before marriage (B) Signup and view all the answers

What is the time limit for registering an ANC in the deeds office?

Within 3 months of its execution or within such extended period as the court may allow (B) Signup and view all the answers

What is a factor that is considered when determining the length of a spouse's absence from the labour market?

The spouse's marketable skills (B) Signup and view all the answers

According to the Pension Fund Act amendments, what can a non-member spouse do with their share of pension benefits?

Request the pension fund to pay benefits in cash (B) Signup and view all the answers

What does forfeiture of patrimonial benefits entail?

A spouse losing their claim to the other spouse's assets (C) Signup and view all the answers

What is a requirement for a forfeiture order, according to the Divorce Act?

Substantial misconduct on the part of either spouse (A) Signup and view all the answers

In the case of Wijker v Wijker, how long were the parties married in community of property?

35 years (C) Signup and view all the answers

What is the purpose of considering a spouse's state of health during divorce proceedings?

To determine the spouse's employability (A) Signup and view all the answers

What is the minimum age of a girl who can marry without the consent of the Minister of Home Affairs?

12 years (A) Signup and view all the answers

Who acquires parental authority in the case of a child born out of a valid marriage?

The father (C) Signup and view all the answers

What is the primary consideration in matters concerning children according to the Constitution of the Republic of SA?

The best interests of the child (C) Signup and view all the answers

What happens to a voidable marriage if it is not set aside by a court?

It becomes a valid marriage (B) Signup and view all the answers

What is the effect of a child reaching majority on parental authority?

It is terminated (D) Signup and view all the answers

Which of the following assets is NOT part of the joint estate in a marriage in community of property?

All of the above (D) Signup and view all the answers

What is the minimum age requirement for a civil union?

18 years of age (D) Signup and view all the answers

What is the court's ruling in the Gory v Kolver case regarding the Intestate Succession Act of 1987?

The Act does not provide for a permanent same-sex life partnership to inherit automatically (B) Signup and view all the answers

What is the implication of the Constitutional Court's ruling on the Intestate Succession Act of 1987?

Same-sex partners can inherit from each other automatically, without a will (A) Signup and view all the answers

Why did the Constitutional Court impose limitations on its ruling in the Gory v Kolver case?

To reduce the risk of disruption in the administration of deceased estates (C) Signup and view all the answers

What is the term used to replace 'illegitimate' or 'extra-marital' in describing a child's birth status?

Child born of unmarried parents (C) Signup and view all the answers

What is the impact of the Age of Majority Act on the description of minors?

All references to minors must be 18 years of age or younger (B) Signup and view all the answers