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SORTED A marriage of convenience is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. 5 If Cindy is pregnant with John’s child when she marries Peter, and Peter is blissfully unaware of this, the marriage is ... [1] valid and unchallengeable. [2] v...

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1 SORTED 1. A marriage of convenience is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. 5 If Cindy is pregnant with John’s child when she marries Peter, and Peter is blissfully unaware of this, the marriage is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. 2. Susan and John married two years ago. At the time of entering into the marriage Susan was unaware that John and Amy’s divorce had not yet been finalised. Susan and John’s marriage is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. 5 Tebogo and Sipho married a year ago. When the parties married, Tebogo knew that Sipho had been married before, but she did not know marriage is ... [1] valid and unchallengeable. [2] valid but voidable. [3] void ab initio. [4] void but putative. 3. Which one of the following is NOT a requirement for the duty of support between spouses in a civil marriage? [1] The existence of a joint household. [2] A valid civil marriage between the parties. [3] The person claiming support must be in need of the support. [4] The person from whom the support is claimed must be able to provide it. 2. Which one of the following is a common requirement for the spouses’ reciprocal duty of support and the capacity to incur debts for household necessaries in a civil marriage? [1] The existence of a valid civil marriage. [2] The existence of a joint household. [3] The transaction must relate to household necessaries. [4] The person from whom the support is claimed must be able to provide it. 4. An antenuptial contract that is not registered in the Deeds Office is ... [1] void and unenforceable against the spouses and third parties. [2] valid as between the spouses and against third parties. [3] valid as between the spouses only. [4] valid as against third parties only. 10. In which one of the following cases did the court appear to have held that a step-parent can incur liability for a stepchild’s maintenance on the ground of some sort of application of estoppel, that is the representation created by the step-parent to the child and the world at large? [1] Heystek v Heystek [2] MB v NB [3] Motan v Joosub [4] Petersen v Maintenance Officer 1. Whose consent is required for a boy below the age of 18 years and a girl below the age of 15 years to enter into a valid civil marriage? [1] Consent of the Minister of Home Affairs [2] Consent of the parent(s) or legal guardian(s)

2 [3] Both consent of the Minister of Home Affairs and the Court [4] Both consent of the Minister of Home Affairs and parent(s) / legal guardian(s) 15. Section 28 of the Constitution of the Republic of South Africa, 1996 confers special protection on children below the age of …….. [1] 21 years. [2] 18 years. [3] 16 years. [4] 10 years. 12. In Gumede v The President of the Republic of South Africa the Constitutional Court removed the differentiation between the patrimonial consequences of ………… entered into before and after the Recognition of Customary Marriages Act 120 of 1998: [1] monogamous customary marriages [2] a minor’s customary marriage [3] polygynous customary marriages [4] civil unions 43 As a result of the decision of the Constitutional Court in ____________ all monogamous customary marriages are in community of property unless the spouses enter into an antenuptial contract. [1] Gumede v President of the Republic of South Africa [2] MM v MN [3] Holomisa v Holomisa [4] Ramuhovhi v President of the Republic of South Africa 14. In which one of the following ways can a person acquire parental responsibilities and rights in respect of a child? [1] Entering into a permanent life partnership with the child’s biological mother after the child’s birth. [2] Entering into a civil marriage with the child’s mother but divorcing her before the child is conceived. [3] Giving birth to the child. [4] Paying a sum of money to the court to acquire such responsibilities and rights. 13. In which one of the following circumstances would a child be considered adoptable? [1] The child performs poorly at school. [2] The child is constantly fighting with his or her siblings. [3] The child has been abandoned. [4] The child wants to move to another city. 10. In which one of the following court cases was it held that the denial of the statutory right to claim maintenance does not violate a surviving life partner’s right to dignity? [1] Gory v Kolver (Starke Intervening) [2] Langemaat v Minister of Safety and Security [3] Volks v Robinson [4] Satchwell v President of the Republic of South Africa 15 In Volks v Robinson it was held that ... [1] the common-law action for loss of support can be extended to a claim by the surviving same-sex life partner. [2] the law may distinguish between married and unmarried people and accord benefits to married people which it denies to unmarried people. [3] section 5 of the Children’s Act discriminates unfairly against same-sex life partners on the ground of sexual orientation. [4] the exclusion of same-sex life partners from intestate inheritance from each other’s deceased estate is unconstitutional. 3 Aaron and Buhle are married to each other. They are unable to conceive a child and adopt a girl, Olga. Upon the death of Buhle, can Aaron and Olga marry each other? [1] Yes, they are not blood relatives in the direct line. [2] Yes, an adoptive parent may marry his adopted child.

3 [3] No, they are relatives by affinity in the direct line. [4] No, an adoptive parent may not marry his adopted child. 2 A woman may not enter into a civil marriage with her ex because they are related to each other by ... [1] affinity in the direct line. [2] affinity in the collateral line. [3] consanguinity in the direct line. [4] consanguinity in the collateral line. 2 X and Y are married. They have a son, M. Y also has a daughter, Q, from a previous marriage. M and Q are related to each other as follows: [1] They are blood relatives in the direct line. [2] They are collateral blood relatives. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line. 1. A and B are married. They have a daughter, Mary. B also has a son, Quintin, from a previous marriage. Mary and Quintin are related to each other as follows: [1] They are collateral blood relatives. [2] They are blood relatives in the direct line. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line. 2. Affinity in the direct line exists between you and your … [1] stepchildren. [2] adopted children. [3] grandparents. [4] parents 2. A and B are married. They have a daughter, Queen. A also has a son, Quinton, from a previous marriage. Quinton and Queen cannot marry each other because they are … [1] blood relatives in the direct line. [2] blood relatives in the collateral line. [3] relatives by affinity in the direct line. [4] relatives by affinity in the collateral line. 1. Xolani and Yasmin are married. Yasmin has a daughter, Qhikiza, from a previous marriage. Xolani and Qhikiza are related to each other as follows: [1] They are blood relatives in the direct line. [2] They are collateral blood relatives. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line. 1. Zander and Yolandi were married for brief period of time. Yolandi has a daughter, Quinta, from a previous marriage. Zander and the young Quinta fell in love with each other, but cannot conclude a marriage as they are related to each other as follows: [1] They are blood relatives in the direct line. [2] They are collateral blood relatives. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line 1. X and Y are married. Y has a daughter, Q, from a previous marriage. In which category of relationship do X and Q fall? [1] Blood relationship in the direct line [2] Blood relationship in the collateral line [3] Affinity in the direct line [4] Affinity in the collateral line 1. X and Y are married. They have a son, M. Y also has a daughter, Q, from a previous relationship/ marriage. M and Q are related to each other as follows:

4 [1] They are blood relatives in the direct line. [2] They are collateral blood relatives. [3] They are relatives by affinity in the direct line. [4] They are relatives by affinity in the collateral line 1. Affinity in the direct line exists between you and your … [1] grandfather. [2] grandchild. [3] sister-in-law. [4] mother-in-law 2 Which one of the following is a consequence of a void marriage? 14. In which one of the following cases did the court hold that it would not lightly refuse the care-giving parent permission to emigrate with his or her child if the decision to emigrate was bona fide and reasonable, since it would usually not be in the child’s best interests to thwart the care-giving parent in his or her endeavour to emigrate “in pursuance of a decision reasonably and genuinely taken”? [1] Krugel v Krugel [2] Jackson v Jackson [3] Van Vuuren v Van Vuuren [4] Van der Linde v Van der Linde 7. In Krugel v Krugel the court found that the following care order is an appropriate order in circumstances where there is hostility between the children’s parents: [1] deferred care. [2] divided care. [3] joint care. [4] sole care. 15. Amanda is a twenty-year-old married woman. Her husband is unable to support her as he is unemployed, seriously disabled and without any source of income apart from his disability grant. Amanda is also unemployed and without any source of income. As her husband is unable to support her, Amanda wants to claim maintenance from somebody else. Which of the following persons is NOT obliged to support her? [1] Her parents [2] Her grandparents [3] Her parents-in-law [4] Her brothers and sisters 2. In which one of the following cases was it decided that a spouse who is married in community of property cannot stand surety for the other spouse’s debts because those debts are joint debts and in our law a person cannot stand surety for his or her own debt? [1] Amalgamated Banks of South Africa Bpk v De Goede [2] Bopape v Moloto [3] Visser v Hull [4] Nedbank Ltd v Van Zyl 7. Nowadays an employable woman is increasingly granted the following maintenance award upon divorce: [1] Token maintenance [2] Permanent maintenance [3] Rehabilitative maintenance [4] Lump-sum maintenance 36 What kind of maintenance can be awarded to a wife who needs maintenance at the time of divorce, but whose former husband will only be able to meet her existing maintenance needs at some stage in the future? [1] Rehabilitative maintenance [2] Token maintenance [3] Lump-sum maintenance [4] No maintenance

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35 Nowadays an employable woman is increasingly granted the following maintenance award upon divorce: [1] Rehabilitative maintenance [2] Permanent maintenance [3] Token maintenance [4] Lump-sum maintenance 9. What kind of maintenance can be awarded to a wife who needs maintenance at the time of divorce, but whose former husband will only be able to meet her existing maintenance needs at some stage in the future? [1] Rehabilitative maintenance. [2] Token maintenance. [3] Lump-sum maintenance. [4] No maintenance. 7. What kind of maintenance can be awarded to a spouse who does not need maintenance at the time of divorce, but may need it in the future? [1] Rehabilitative maintenance [2] Token maintenance [3] Lump-sum maintenance [4] No maintenance 11. Since a maintenance order cannot be made in favour of a spouse after the marriage has been terminated by divorce, the courts sometimes award a small amount of maintenance (for example R10) to a spouse who does not really need maintenance at the time of the divorce, but who may need maintenance in the future. This type of maintenance is called ... [1] rehabilitative maintenance. [2] token maintenance. [3] lump-sum maintenance. [4] once-off maintenance. 11 As far as redistribution orders are concerned, which one of the following awards with regard to the division of the spouses' assets was made by the Supreme Court of Appeal in Bezuidenhout v Bezuidenhout? [1] A ⅓:⅔ division [2] A 20:80 division [3] An equal division [4] A 40:60 division 13 On which one of the following ground(s) can a divorce be obtained in terms of Recognition of Customary Marriages Act 120 of 1998? [1] Irretrievable breakdown of the marriage relationship. [2] Irretrievable breakdown of the marriage and desertion of the wife by the husband. [3] Irretrievable breakdown of the marriage relationship and the inability of the husband to pay the outstanding lobolo. [4] Inability of the husband to pay the outstanding lobolo. 14 In which one of the following cases did the court grant a Muslim wife’s application for maintenance pendente lite in terms of rule 43 of the Uniform Rules of Court even though the spouses had never entered into a civil marriage? [1] Amod v Multilateral Motor Vehicle Accidents Fund [2] Hassam v Jacobs [3] AM v RM [4] Khan v Khan 8. Parties married in accordance with the Civil Union Act 17 of 2006 may legally refer to their marriage relationship as … [1] a civil partnership only. [2] a domestic partnership only.

6 [3] a marriage or a civil partnership. [4] a marriage or a domestic partnership. 13. In which one of the following circumstances would a child be considered adoptable? [1] The child performs poorly at school. [2] The child is constantly fighting with his or her siblings. [3] The child has been abandoned. 1. Which one of the following is a consequence of a void marriage? [1] There is a reciprocal duty of support between the parties. [2] The children born from the marriage are children born of unmarried parents. [3] The parties may inherit intestate from each other. [4] Community of property operates between the parties 9. Which one of the following criteria does the court have to take into account when considering an order for the forfeiture of patrimonial benefits against a spouse in terms of section 9 of the Divorce Act 70 of 1979? [1] Undue benefit of the spouse [2] The principle of fairness [3] The one-third rule [4] The yardstick of equality 10. Which provision affords every child who is of such an age, maturity and stage of development as to be able to participate in any matter concerning him or her, the right to participate in an appropriate way and to have due consideration given to his or her views? [1] Section 10 of the Children’s Act 38 of 2005 [2] Section 28 of the Constitution of the Republic of South Africa, 1996 [3] Section 6 of the Divorce Act 70 of 1979 [4] Section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 11. The type of care awarded by a court whereby a parent will get care of a child only once that parent has satisfied the court that adequate arrangements have been made to receive the child into his or her care is known as … [1] sole care. [2] supervised care. [3] divided care. [4] deferred care. 4 Susan, a 17-year-old student, wants to conclude a civil marriage with John, a 25-year-old teacher. Susan’s mother, who has sole guardianship of Susan, refuses to consent to the marriage. Which one of the following persons/authorities should Susan consult for consent in order to proceed with the marriage? [1] The High Court [2] The Minister of Home Affairs [3] The presiding officer of the Children’s Court [4] Susan’s father 40 When Mr and Mrs Botha divorced, the court awarded guardianship of their minor child to Mrs Botha only and excluded Mr Botha from exercising guardianship over the child. The type of guardianship the court awarded to Mrs Botha is called ... [1] single guardianship. [2] guardianship simpliciter. [3] sole guardianship. [4] concurrent guardianship. 3 In Ex parte Dow the court decided that a marriage that had been solemnised in the garden of a private dwelling is ... [1] void. [2] voidable.

7 [3] valid. [4] putative. 4. Which one of the following cases does NOT deal with postnuptial change of spouses’ matrimonial property system? [1] Ex parte Oosthuizen [2] Ex parte Dow [3] Ex parte Burger [4] Ex parte Krös

42 The Minister of Home Affairs has extended the date for registration of customary marriages to ... [1] 30 August 2020. [2] 1 January 2021. [3] 30 May 2024. [4] 30 June 2024. 9. In which one of the following cases did the High Court hold that a surviving spouse in a monogamous or a polygynous Muslim marriage qualifies as a “spouse” and “survivor” in terms of the Intestate Succession Act 81 of 1987 and the Maintenance of Surviving Spouses Act 27 of 1990? [1] Hassam v Jacobs [2] Ismail v Ismail [3] Ryland v Edros [4] Daniels v Campbell 45 In _________________ the Constitutional Court held that a surviving spouse terms of the Intestate Succession Act 81 of 1987 and the Maintenance of Surviving Spouses Act 27 of 1990. [1] Hassam v Jacobs [2] Daniels v Campbell [3] Ryland v Edros [4] Hoosein v Dangor 11. Which one of the following requirements does NOT apply to a civil union? [1] Both parties must have capacity to act. [2] Both parties must agree to enter into a civil union with one another. [3] Both parties must be of the same sex. [4] The civil union between the parties must be lawful. 3. When a general dealer, such as Makro, provides food and clothing to a wife, who has no income or any assets of her own, the dealer would usually be able to hold the husband liable for the payment of the food and clothing on the following ground: [1] Contract [2] Negotiorum gestio [3] Unjustified enrichment [4] Consortium omnis vitae 4.Section 3(1) of the Matrimonial Property Act indicates that the accrual claim is calculated as follows: [1] ½ x (net end value – commencement value) [2] ½ x (larger accrual – lesser accrual) [3] ½ x (net end value – commencement value – assets excluded) [4] ½ x (net end value 1 – net end value 2) 8 In which one of the following cases did the Constitutional Court hold that contempt proceedings in the High Court to secure the enforcement of a maintenance debt are appropriate constitutional relief for the enforcement of a claim for the maintenance of children? [1] Fose v Minister of Safety and Security [2] Reloomel v Ramsay [3] Voortrekkerwinkels (Ko-operatief) Bpk v Pretorius [4] Bannatyne v Bannatyne

8 7 In which one of the following cases did the Constitutional Court hold that contempt proceedings in the High Court to secure the enforcement of a maintenance debt are appropriate constitutional relief for the enforcement of a claim for the maintenance of children? [1] Reyneke v Reyneke [2] Purnell v Purnell [3] Mngadi v Beacon Sweets & Chocolates Provident Fund [4] Bannatyne v Bannatyne

10. For a parental responsibilities and rights agreement relating to guardianship to become enforceable, it must be made an order of court by ... [1] the Family Advocate. [2] a Divorce Court in a divorce matter. [3] the Children’s Court. [4] the High Court. 49 For a parental responsibilities and rights agreement relating to guardianship to become enforceable, it must be made an order of court by ... [1] the Family Advocate. [2] the High Court. [3] a Divorce Court in a divorce matter. [4] the children’s court 10. Paul and Mary are involved in divorce litigation. They have a son, aged 6 and a daughter, aged 1. In which one of the following scenarios, according to the case Van Vuuren v Van Vuuren, does the family advocate NOT need to apply for an order authorising an enquiry in terms of the Mediation in Certain Divorce Matters Act 24 of 1987? [1] Paul and Mary agree that Mary will be the care-giving parent of the children after the divorce. [2] Paul and Mary agree that Paul will be the care-giving parent of the children after the divorce. [3] Paul and Mary agree that Paul will be the care-giving parent of their son and Mary will be the care-giving parent of their daughter after the divorce. [4] Paul and Mary agree that care of the children should be awarded to Paul’s parents after the divorce. 28 Which one of the following criteria does the court have to take into account when considering an order for the forfeiture of patrimonial benefits against a spouse in terms of section 9 of the Divorce Act 70 of 1979? [1] Undue benefit [2] The principle of fairness [3] The o...