Family law

Question 1

what is the rebuttable presumption regarding matrimonial property?
and how is this presumption rebutted?

Answer 1

presumption that marriages are in community of property
rebutted:
- antenuptial contract
- change ito s21 of MPA
- husband domicile
- minor
- black persons before 1988

Question 2

ito in CoP:
under what circumstances can assets be separate from joint estate?

Answer 2

antenuptial contract
will
donation
usufract
fideicommissum
ito customary law

Question 3

what does the van der merwe case say about a claim for patrimonial damages by one spouse against another?

Answer 3

the compensation received by the guilty spouse forms part of their separate estate

Question 4

definition of unlawful termination of engagement

Answer 4

where one party engages in wrongful conduct that jeopardises the prospects of a happy marriage
determined by circumstances of case

Question 5

ito common law, what age is too young to marry?

Answer 5

girls under 12
boys under 14

Question 6

at what age is consent from minister of home affairs required for a minor to get married?

Answer 6

girls under 15
boys under 18
civil union & customary marriage: 18

Question 7

what is the consequences if minister of home affairs consent was required to get married , but not optained. parties already married. void?

Answer 7

voidable
minister can ratify the omission
can consent with retroactive effect