30 Questions
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
What was the issue with the postnuptial contract?
It was not registered in the deeds registry
Why did the husband claim to share in his wife's accrual?
Because the postnuptial contract was void and he relied on the ANC
What did the court hold regarding the postnuptial contract?
It was void and unenforceable
What is one of the general ways in which a marriage may dissolve?
Death of one or both of the spouses
What did the parties marry out of?
Cop
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
What is the narrow sense of an Ante Nuptial Contract (ANC)?
A formal contract executed before a notary and registered in the deeds office
What is required for the creation of a valid ANC?
It must be attested by a notary and registered in the deeds office
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
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
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
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
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
What does forfeiture of patrimonial benefits entail?
A spouse losing their claim to the other spouse's assets
What is a requirement for a forfeiture order, according to the Divorce Act?
Substantial misconduct on the part of either spouse
In the case of Wijker v Wijker, how long were the parties married in community of property?
35 years
What is the purpose of considering a spouse's state of health during divorce proceedings?
To determine the spouse's employability
What is the minimum age of a girl who can marry without the consent of the Minister of Home Affairs?
12 years
Who acquires parental authority in the case of a child born out of a valid marriage?
The father
What is the primary consideration in matters concerning children according to the Constitution of the Republic of SA?
The best interests of the child
What happens to a voidable marriage if it is not set aside by a court?
It becomes a valid marriage
What is the effect of a child reaching majority on parental authority?
It is terminated
Which of the following assets is NOT part of the joint estate in a marriage in community of property?
All of the above
What is the minimum age requirement for a civil union?
18 years of age
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
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
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
What is the term used to replace 'illegitimate' or 'extra-marital' in describing a child's birth status?
Child born of unmarried parents
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
Test your understanding of the Matrimonial Property Act, specifically Section 21(1), and its application in changing property systems from community of property to separation of property. Learn about the consequences of a civil marriage and the legal implications of such a change.
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