PVL2601-MCQ1 for 2021 and 2022 university of South Africa PDF

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2016 10/11 1. A enters into a civil marriage with B. B has a sister, C. A and C are ... [1] blood relations in the direct line. [2] collateral blood relations. [3] relations by affinity in the direct line. [4] relations by affinity in the collateral line. 2. In which one of the following cases did the court hold that solemnisation of a civil marriage in a garden does not render the marriage void? [1] National Coalition for Gay and Lesbian Equality v Minister of Home Affairs [2] Zulu v Zulu [3] Bam v Bhabha [4] Ex parte Dow 3. In Mr and Mrs Nel’s antenuptial contract, Mr Nel undertakes to transfer an insurance policy to Mrs Nel as soon as their first child is born. This clause is called a ... [1] succession clause. [2] marriage settlement. [3] reversion clause. [4] “clean break” clause. 4. Which one of the following statements is NOT a requirement that has to be met before a court will grant an application for variation of spouses’ matrimonial property system in terms of section 21(1) of the Matrimonial Property Act 88 of 1984? [1] Sufficient notice of the proposed change must be given to all the creditors of the spouses. [2] No other person must be prejudiced by the proposed change. [3] One of the spouses must apply to the High Court in writing for permission to change their matrimonial property system. [4] There must be sound reasons for the proposed change. 5. In which one of the following cases did the court hold that a postnuptial contract between the spouses, which purported to exclude the accrual system and which was not registered in the deeds registry or entered into with leave of the court, is void and unenforceable between the parties themselves and as against third parties? [1] Ex parte Krös [2] Honey v Honey [3] Ex parte Burger [4] Amar v Amar 6. Section 4(2) of the Divorce Act 70 of 1979 contains three guidelines which may indicate that a marriage has broken down irretrievably. Which one of the following is NOT one of these guidelines? [1] The parties have not lived together as husband and wife for a continuous period of at least one year immediately prior to the date of the institution of the divorce action. [2] The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship. [3] The defendant suffers from a mental illness or is continuously unconscious. [4] The defendant has been declared a habitual criminal by a court and has been imprisoned as a result of the sentence. 7. Which one of the following statements regarding a settlement agreement between spouses which was not made an order of court is CORRECT? [1] The court is compelled to make an order in accordance with the settlement agreement. [2] A party can vary the agreement unilaterally. [3] The agreement can be enforced in the same way as an order of court.

[4] The parties can regulate the division of their assets in such an agreement. 8. Mr and Mrs Carrim were married with complete separation of property in 1982. Which one of the following contributions will NOT qualify for a redistribution order in favour of Mrs Carrim upon divorce? [1] Mrs Carrim takes care of the household and the children born from the marriage. [2] Mrs Carrim manages the books of Mr Carrim’s psychology practice in her spare time without remuneration. [3] Mrs Carrim contributes part of her salary towards the bond payments on Mr Carrim’s holiday home. [4] Mrs Carrim declines an offer to be the manager of a new business in Dubai so as to further Mr Carrim’s psychology practice. 9. Mr and Mrs Carrim were married with complete separation of property in 1982. Which one of the following assets will NOT be considered for purposes of a redistribution order upon divorce? [1] The assets of a trust, which is the alter ego of Mr Carrim, and of which Mrs Carrim is a beneficiary or with which she had transacted [2] The assets of a trust, which is the alter ego of Mr Carrim, and of which Mrs Carrim is not a beneficiary and with which she had not transacted [3] A farm which Mr Carrim inherited from his father [4] A very expensive ring which Mrs Carrim’s grandmother donated to her 10. Jane and Mary (both female) want to enter into a valid marriage. They will therefore have to conclude the following: [1] A civil marriage [2] A universal partnership [3] A civil union [4] A customary marriage 11. Heaton states that if a marriage is concluded in terms of religious law and also complies with the requirements for a civil marriage, it has dual validity. Which one of the following statements is correct? [1] A secular divorce order does not free the spouse from the bonds of the religious marriage. [2] A secular divorce order ends both the civil marriage and religious marriage. [3] A secular divorce cannot be granted before a religious divorce is obtained. [4] A civil marriage and a religious marriage cannot exist at the same time. 12. In which one of the following cases was the exclusion of same-sex life partners from intestate inheritance from each other's deceased estate in terms of the Intestate Succession Act 81 of 1987 declared unconstitutional? [1] Gory v Kolver [2] Volks v Robinson [3] Farr v Mutual & Federal Insurance Co Ltd [4] Satchwell v President of the Republic of South Africa 13. Section 28 of the Constitution of the Republic of South Africa, 1996 confers special protection on children below the age of … [1] 10 years. [2] 16 years. [3] 18 years. [4] 21 years. 14. In terms of the Children's Act 38 of 2005 the consent of all the child's guardians is necessary for the transactions listed in section 18(3)(c). In which one of the following instances is the consent of all the child's guardians NOT necessary? [1] The alienation of the child's immovable property [2] The child's removal from South Africa

[3] The child's application for a passport [4] The child's antenuptial contract 15. Which one of the following events does NOT terminate the duty of support of a parent towards a child? [1] The child’s attainment of majority [2] The child’s adoption by other parents [3] The child’s marriage to a wealthy spouse [4] The child’s death

16. Which one of the following is NOT a requirement for a civil marriage: [1] The marriage between the parties must be lawful. [2] There must be agreement between the parties to enter into a civil marriage with each other. [3] The parties must both have attained the age of majority. [4] The prescribed formalities must be complied with. 17. Which one of the following marriages is voidable: [1] At the time of A and B’s marriage, B is pregnant with Z’s child and B fraudulently conceals this fact from A. [2] P, whose wife is terminally ill, concludes a marriage with Q. [3] M, a 31-year-old man, concludes a marriage with N, an 11-year-old girl. [4] R and S’s marriage was solemnised by T who is not a competent marriage officer. 18. Which one of the following statements is NOT a requirement for the duty of support between spouses in a civil marriage? [1] A valid civil marriage must exist between the parties. [2] The person claiming support must be in need of support. [3] The person claiming support must be unable to obtain support from his or her parents. [4] The person from whom the support is claimed must be able to provide it. 19. Before their marriage, Jack and Gill agreed that they would marry out of community of property. They signed an antenuptial contract, but this contract was never properly executed and registered. What must Jack and Gill now do to ensure that they are formally married out of community of property? [1] They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change their matrimonial property system. [2] They must enter into a postnuptial written agreement and have it notarially executed. [3] They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for permission to have the contract executed and registered after the marriage. [4] They do not have to do anything. 20. Which one of the following statements is NOT correct? Section 17(1) of the Matrimonial Property Act 88 of 1984 restricts the capacity of spouses who are married in community of property to litigate, except in the following instances: [1] Proceedings relating to the recovery of non-patrimonial damages for a delict that was committed against the spouse. [2] Proceedings with regard to the spouse’s profession, trade or business. [3] Proceedings relating to the spouse’s separate property. [4] Proceedings relating to household necessities. 21. Section 21(1) of the Matrimonial Property Act 88 of 1984 makes provision for court-sanctioned alteration of the matrimonial property system in a civil marriage. Which one of the following is NOT a requirement that needs to be considered by the court before an application for alteration will be granted: [1] No other person will be prejudiced by the proposed alteration. [2] Sufficient notice of the proposed alteration must be given to all the creditors of the spouses.

[3] There must be sound reasons for the proposed alteration. [4] There is an equitable distribution of the spouses’ property. 22. In our divorce law the following legal concept is used to determine that a normal marriage relationship no longer exists between spouses: [1] Boni mores [2] Animus iniuriandi [3] Pactum successorium [4] Consortium omnis vitae 23. Which one of the following sections contains guidelines which indicate whether a marriage or civil union has broken down irretrievably? [1] Section 4(2) of the Mediation in Certain Divorce Matters Act [2] Section 4(2) of the Matrimonial Affairs Act [3] Section 4(2) of the Civil Union Act [4] Section 4(2) of the Divorce Act 24. The pension interest is the benefit to which a spouse would have been entitled had he or she terminated his or her membership of the fund on the date of the divorce by resigning from his or her employment. In terms of section 1 of the Divorce Act 70 of 1979 the above is the manner in which a spouse’s interest is calculated in a … [1] pension fund. [2] retirement annuity fund. [3] pension preservation fund. [4] provident preservation fund. 25. What kind of maintenance can be awarded to a spouse who does not really need maintenance at the time of divorce, but who may need maintenance in the future? [1] Rehabilitative maintenance [2] Lump-sum maintenance [3] Token maintenance [4] No maintenance 26. Which type of care is at issue if the court orders that a child must spend substantial amounts of time, such as part of each week, or alternative weeks, with each parent? [1] Structured care [2] Split or divided care [3] Joint legal care [4] Joint physical care 27. 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. [3] a marriage or a civil partnership. [4] a marriage or a domestic partnership. 28. Mr Khumalo married two wives in terms of customary law before the coming into operation of the Recognition of Customary Marriages Act 120 of 1998. Their matrimonial property system is … [1] determined by customary law. [2] in community of property. [3] out of community of property with accrual. [4] out of community of property without accrual. 29. A parent’s duty of support in respect of a child does not necessarily end when the child … [1] dies.

[2] marries. [3] is adopted. [4] becomes self-supporting. 30. Section 28 of the Constitution of the Republic of South Africa, 1996 confers special protection on children below the age of [1] 10 years [2] 16 years [3] 18 years [4] 21 years

2018 May/June 31. Where one of the parties has been persuaded to enter into a civil marriage as a result of undue influence, the marriage is [1] valid [2] void [3] voidable [4] putative 32. Affinity in the direct line exist between you and your [1] stepchildren [2] adopted children [3] grandparents [4] parents 33. which one of the following is NOT a requirement for existence of spousal duty of support in a civil marriage? [1] there must be a valid civil marriage between the partners [2] there must be a joint household between the parties [3] the party who claims support must be in need of support [4] the party whom the support is claimed from must be able to provide support 34. Mr and Mrs Mabata are married in community of property. For which one of the following transactions does Mr Mabata needs Mrs Mabata’s prior written consent, attested by two competent witnesses? [1] Mr Mabata want to sell the spouses’ kitchen table and washing machine [2] Mr Mabata want to enter into suretyship agreement in respect of his brother’s business loans [3] Mr Mabata wants to institute legal proceedings against someone who owes money to him [4] Mr Mabata wants to buy a motor vehicle in terms of a credit agreement 35. In terms of section 21(1) of the Matrimonial Property Act 88 of 1984, spouses may jointly apply to court for leave to change the matrimonial property system applicable to their marriage. One of the three requirements to be met before the court will approve the application is that: [1] the creditors must consent to the proposed change [2] all creditors’ claims must have been settled [3] no other person will be prejudiced by the proposed change [4] there is an equitable distribution of the spouses’ property 36. A civil marriage is dissolved in one of the following three ways, namely [1] the death of one or both of the spouses, the annulment of a voidable marriage, and the irretrievable breakdown of the marriage. [2] the death of one of both of the spouses, the irretrievable breakdown of the marriage and extra-judicial separation. [3] the death of one or both of the spouses, the annulment of a voidable marriage and divorce. [4] the death of one or both of the spouses, divorce and the conclusion of a polygamous marriage.

37. which one of the following statement regarding the maintenance claim of a surviving spouse in terms of the Maintenance of Surviving Spouse Act 27 of 1990 is CORRECT [1] the maintenance claim arises regardless of the surviving spouse’s ability to provide for his or her reasonable maintenance needs from his or her own means and earnings. [2] voluntary contributions made to the surviving spouse’s maintenance by his or her children are taken into account when determining his or her means and earnings. [3] the maintenance claim of the surviving spouse arises only if the marriage was in community of property or out of community of property with application of accrual system. [4] the surviving spouse’s claim for maintenance must be proved and disposed in accordance with the provisions of Administration of Estates Act 66 of 1965. 38. The test or method used by the courts to determine whether the consortium between the spouses has been terminated or seriously violated involves [1] subjective and objective elements [2] subjective or objective elements [3] subjective elements [4] objective elements 39. Currently, the remedy of a judicial redistribution of assets upon divorce contained in section 7(3) of the Divorce Act 70 of 1979 is applicable to [1] all civil marriages [2] all civil unions [3] all customary marriages [4] all Muslim marriages 40. Which of the following cases did NOT deal with the position where a trust is regarded as the alta ego of one spouse? [1] Beria v Beria [2] Badenhorst v Badenhorst [3] Jordaan v Jordaan [4] WT v KT

41. Which of the following parties will be able to conclude a valid civil union? [1] A 17–year–old boy and a 22-year-old woman [2] A 17–year–old girl and a 22–year–old man [3] two 17–years old boys [4] two 22–years old girls 42. Muslim marriages … [1] are recognised in South African law under the Divorce Act 70 of 1979 [2] are recognised in South African law under the Recognition of Customary Marriage Act 120 of 1998 [3] are recognised South African law under the Civil Union Acts 17 of 2006 [4] are not recognised as valid marriages in South African law 43. As a general rule, a permanent life partnership [1] can be regarded as a civil partnership [2] can be regarded as a common law marriage [3] does not confer the consequences of a valid marriage [4] does not exempt donations between the partners from donations tax

44. Section 28(2) of the constitution of the Republic of South Africa, 1996 provides that a child’s interests are of paramount importance in every matter concerning the child. Which of the following statements concerning this section is FALSE? [1] Section 28(2) imposes a stricter requirement than that which applies in terms of the United Nations Convention on the rights of the Child [2] Section 28(2) imposes a stricter requirement than that which applies in terms of the African Charter on the Rights and Welfare of the Child [3] Section 28(2) elevates the child’s best interest to the supreme issue in any matter concerning the child [4] Section 28(2) implies that limitation of child’s best interest are impermissible 45. Jane and Jake, both majors are the biological parents of Gill, an 11–month–old baby. Jane and Jake only met once on the day Gill was conceived. Jane married Grant in a civil marriage after Gill was born. Who will automatically obtain parental responsibilities and rights of Gill? [1] Jane [2] Jane and Jake [3] Jane and Grant [4] Jane, Jane and Grant

2018 October/November 46. Whose consent is required for a boy below the age of 18 years and a below the age of 15 years to enter into a valid civil marriage? [1] Consent of Minister of Home Affairs [2] Consent of the parent(s) or legal guardian(s) [3] Both consent of the Minister of Home Affairs and the Court [4] Both consent of the Minister of Home Affairs and parent(s) or legal guardian(s) 47. 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 [2] Yes, and adoptive parent may marry his adopted child [3] No, they are relatives by affinity in the direct line [4] No, an adoptive parent may not marry his adopted child 48. A voidable marriage is described as a marriage [1] which has never come in to existence and has none of the legal consequences of a valid marriage [2] in which grounds are present, either before or at the time of the wedding, on the basis of which the court can be requested to set the marriage aside [3] in which one of the parties (or both) enters into a marriage while being unaware that there is a defect which renders the marriage void [4] which remains in force until it is dissolved by a court through a decree of divorce 49. Which one of the following is NOT a requirement for the spouse’s 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 household necessaries must be within the spouse’s standard of living 50. Before their marriage, Sipho and Nozipho agreed that they would marry out of community of property. They signed an antenuptial contract, but this contract was never properly executed and registered. What must Sipho and Nozipho do to ensure that they are formally out of community of property.

[1] They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for permission to have the contract executed and registered after the marriage. [2] They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change their matrimonial property system [3] They must enter [4] Jane, Jane and Grant

2016 - 05/06 51. Lefa and Sepati are married. Seipati has a child, Ntombi, who was born from a previous marriage. Lefa and Seipati cannot have their own children and as a result they get divorced. Can Lefa marry Ntombi after the divorce? [1] No, because Lefa and Ntombi are blood relatives [2] No, because Lefa and Ntombi are related by affinity in the direct line [3] Yes, because Lefa and Ntombi are not blood relatives [4] Yes, because Lefa and Ntombi are not related by affinity in the direct line 52. In Ex Parte Dow the court decided that a marriage that had been sole...