2015 Re-Examination

 

RE- EXAMINATION/ AEGROTAT EXAMINATION

FACULTY OF COMMERCE, ADMINISTRATION & LAW

DEPARTMENT OF LAW

LPFL102- Family Law

 

 

DURATION: 3 HOURS                                                        MARKS: 100

 

 

Internal Examiner(s):

Mrs. L Ramaccio Calvino

 

 

Internal Moderator:                                                           Head of Department:

Dr. D Iyer                                                                           Mrs. K Naidoo

 

 

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INSTRUCTION TO CANDIDATES

 

 

1. Please ascertain that this paper consist of THREE pages.

2. Please clearly number the questions correctly.

3. Please answer each question on a new page.

4. Write neatly.

5. Every answer must properly motivated with reference to case law and  

    legislation where applicable.

 

 

 

 

 

Question 1:

 

Jack and John have been life partners since 2008. John, a military pilot, often travels to remote places without being able to contact Jack. John met Jack in Iraq whilst Jack was working for “Doctors without Borders”. John has a three year old son born from a previous relation by the name of Peter. John was awarded full parental rights and responsibilities in respect of Peter after Peter’s mother was declared mentally unstable.

 

On the 1^st day of April 2010, John and Jack went to a party and whilst both of them where intoxicated, John proposed to Jack. Jack accepted the proposal. The next morning John had to leave early for a mission in Afghanistan. He left before Jack woke up.  Jack, being very excited about the intended wedding, booked the Oyster Box for the wedding reception and paid a deposit of R100 000 (one hundred thousand rand). Jack also paid R10 000(ten thousand rand) for a Tom Ford wedding suit.  

 

On John’s return from Afghanistan he realised that Jack was serious about the proposal and decided to go ahead with the marriage. John consulted an avid 1^st year law student and was told that he can cancel the engagement by claiming “justa causa”.

 

1. Presume that Jack and John did get legally married. What are the legal requirements for a civil union and how do these requirements differ from the requirements in terms of the Marriage Act?                                                   (10)

 

1. Presume Jack was unaware that John was related to him. Would this marriage be regarded as a void, voidable or putative marriage and what would the consequences of such a marriage be?                                                          (20)

 

1. If John wanted to divorce Jack, what ground/s of divorce would you recommend to John should he follow? Motivate your answer.                                           (20)

 

1. Suppose John died intestate. Will Jack have been able to inherit from John if they were not legally married? Discuss the constitutionality of same-sex life partners being afforded more spousal benefits that their heterosexual counterparts with reference to case law and legislation.                                                                                                       (20)
    
2. Presume that John and Jack did get married without entering into an antenuptial contract. What are the variable and invariable consequences of their marriage?                                                                                                                          (20)
    
   Question 2:
    
   Critically discuss the promulgation of the Civil Union Act as a dual but separate Act to the Marriage Act 25 of 1961.                                                                                                               (10)
    
   THE END