2016 Re-Examination Paper

 

FACULTY OF COMMERCE, ADMINISTRATION & LAW

DEPARTMENT OF LAW

SECOND SEMESTER RE-EXAMINATIONS – 2016

LPFL 102- FAMILY LAW

 

DURATION: 3 HOURS                                                                       FULL MARKS: 100

                                                                                                            SUBMINIMUM: 

Internal Examiner

Mrs. L Ramaccio Calvino

Internal Moderator

Prof. D Iyer

 

INSTRUCTIONS:

1. Please ascertain that this paper consist of TWO 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:

John, a 21 year old South African navy sailor, and Mary, a 17 year old waitress have known each other for a month. During a Sunday morning church service, John decided to ask Mary to marry him. The parties decide not to waste any time and immediately got married. Mary informed both the priest and John that she was 18 years of age. John had to board the navy ship the following day. A month after the wedding Mary informed John that she was pregnant and that she had to tell her parents of the wedding. Her parents were outraged. On John’s return to Durban harbour John told Mary that his fellow sailors on the ship suggested that he and Mary change their matrimonial property regime. John consulted a friend who drafted an agreement in terms of which Mary and John changed their marital regime to out of community of property. A year later Mary discovered that John was unfaithful to her. Mary wanted nothing to do with John and told him that she will raise their child alone.

Answer the following questions based on the aforesaid facts. Reference must be made to authority where applicable.

Question 1:

                             

1.1     Suppose that John cancelled the wedding before the ceremony for no material reason, what possible remedies, if any, are available to Mary?                                                                                                          (25)                       

1.2     Assume that John and Mary entered into a valid marriage. Discuss on what grounds Mary can institute divorce proceedings against John with reference to the Divorce Act, 70 of 1979.                                                                                           (25)

 

1.3     What would be the variable and invariable consequences of John and Mary’s

Marriage?                                                                                                    (25)

                                                           

1.4     Does Mary require John’s consent if she wishes to alienate the parties life insurance monies and if so what remedies are available to John should Mary alienate assets belonging to the joint estate prior to the finalisation of the divorce action?                                                                                                        (25)   

THE END