Student Name: ______________________ Student Number: ___________________

UNIVERSITY OF ZULULAND

FACULTY OF COMMERCE, ADMINISTRATION AND LAW

FAMILY LAW –LPFL102 ASSESSMENT 2 2016

ASSESSOR: MRS L RAMACCIO CALVINO

DURATION: 60 MINUTES MARKS 50

INSTRUCTIONS:

Question 1: Choose the most correct answer by circling the answer.

1. The immutability principle is relaxed by the following mechanisms provided for ito the Matrimonial Property Act 88 of 1984 (MPA):-

(a) Registering a new notarial document in terms of section 21(1) of the MPA;

(b) Applying for the immediate division of the accrual system ito section 8 of the MPA and asking for the change of the matrimonial property regime;

2. The immutability principle refers to:-

(a) A position that once a marriage has been entered into, the marital regime can be changed;

(b) A position that once a marriage has been entered into, the marital regime can be changed by simply registering a postnuptial contract;

3. In which case was it incorrectly held that the parties could change their marital regime in terms of section 21(1) of the MPA even if the antenuptial contract was not executed and registered:-

(a) Ex Parte Coetzee 1984 (2) SA 363 (W);

(b) Honey v Honey 1992 (3) SA 609 (W);

4. In which case was it held that the matrimonial property system can be altered with retroactive effect:-

(a) Ex Parte Kros 1986 (1) SA 642 (NC);

(b) Ex Parte Oosthuizen 1990 (4) SA 15 (E);

5. Which one of the following requirements is not a procedural requirement ito section 21(1) of the MPA:-

(a) Notice must be given to the deeds’ office;

(b) The application to change the marital regime must be sufficiently substantiated;

6. Which statement is correct:-

(a) When a marriage in community of property is dissolved by death the court must terminate the marriage with a declaratory order;

(b) Spousal consent requirements imposed by the MPA no longer apply;

7. Which statement is incorrect:-

(a) The executor of an estate where parties are married in community of property must pay the debts owed by the deceased party;

(b) The executor of an estate where parties married in community of property must pay all debts owed by the joint estate;

8. Choose the most incorrect statement:-

(a) One of the disadvantages of a marriage in community of property is that the executor must liquidate the assets of the joint estate once a spouse dies;

(b) One of the disadvantages of a marriage in community of property is that the surviving spouse may be left without shelter whilst the executor of a deceased estate liquidate all assets belonging to the joint estate;

(c) One of the disadvantages of a marriage in community of property is that the surviving spouse is not allowed to buy some of the assets belonging to the joint estate.

9. Choose the correct statement:-

(a) An antenuptial contract is terminated at death of the spouses;

(b) In the case of a marriage out of community of property, the surviving spouse cannot lodge a claim iro outstanding marriage settlements;

(c) in the case of a marriage out of community of property, the executor can only devolve the estate of the deceased once the accrual claim has been paid to the surviving spouse.

10. In terms of the Maintenance of Surviving Spouses Act 27 of 1990, a claim arises:-

(a) Regardless of the matrimonial property regime;

(b) Regardless of whether the surviving spouse stands to inherit;

11. A surviving spouse’s “means” excludes:-

(a) Any matrimonial property belonging to the surviving spouse;

(b) Any inheritance from the deceased’s estate;

12. In which case was it held that a new motor vehicle and ongoing medical expenses should be factors that must be considered in determining reasonable maintenance:-

(a) Mann v Leach 1998 (2) All SA 217 E;

(b) Oshry v Feldman 2011 (1) All SA 124 (SCA);

13. A surviving spouse’s claim for maintenance must be proven in terms of the:-

(a) Maintenance Act 99 of 1998;

(b) Maintenance of Surviving Spouses Act 27 of 1990;

14. The content of a universal community of property consist of:-

(a) All assets acquired by the spouses before the marriage;

(b) Membership interest in close corporations;

15. In case of a marriage in community of property, which one of the following assets are regarded as a separate asset from the joint estate:-

(a) Assets subject to fideicommissum or usufructus;

(b) Jocalia;

Question 2: State whether the following statements are TRUE or FALSE:

2.1 Extra –judicial alteration of the matrimonial property system is not enforceable against 3^rd parties and only binds the parties for as long as both of them uphold it. T

2.2 Property subject to fideicommissum is not part of the joint estate nor is the fruits or proceeds derived from such property. F

2.3 The proceeds and replacement assets of non-patrimonial damages are excluded from the joint estate. F

2.4 A criminal fine is not recoverable from the joint estate if the guilty spouse does not have sufficient separate assets to pay it. F

2.5 Prior written consent, attested to by two witnesses is required when a spouse married in community of property receives credit under a credit agreement. T

2.6 Oral or tacit consent is required when a spouse married in community of property wants to sell a coin collection. F

2.7 Section 15(9)(a) of the MPA protects third parties who enters into a transaction with a person who is married in community of property if the person cannot reasonably know that the spouse’s consent to the transaction is required. T

2.8 In terms of section 86 of the Deeds Registries Act requires that a notary public must attest to the contract and that the antenuptial contract must be registered within four months of its execution. F

2.9 If a minor wishes to enter into an antenuptial contract his guardian can sign the contract on his behalf. F

2.10 Section 3(1) of the MPA the accrual claim must be determined at the date of instituting the divorce proceeding. F

THE END

Familylawsa

Tuesday 11 October 2016

Assessment 2 Feedback 2016

DURATION: 60 MINUTES MARKS 50

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