Lecture 19

Question 1

Dissolution of a customary marriage

Answer 1

1) Dissolution by death
2) Dissolution by divorce
3) Voidable marriage is annulled
4) Presumption of death order

Question 2

Dissolution by divorce

Answer 2

1) Section 8(1): “A customary marriage may only be dissolved by a court
by a decree of divorce on the ground of the irretrievable breakdown of
the marriage

Question 3

Jurisdiction

Answer 3

1) Any high court or court for a regional division/ regional division of the magistrate’s court
2) Within the area in which the parties are domiciled or ordinarily resident on the date the divorce action is instituted

Question 4

Defences against an action for divorce

Answer 4

1) Breakdown not irretrievable
2) Possibility of restoration of the relationship (Reconciliation possible)
3) Marriage is voidable
4)Marriage is void

Question 5

Consequences of divorce

Answer 5

1) Status
2) Patrimony
3) Maintenance

Question 6

Consequences of divorce

Answer 6

1) Interests of children Maintenance
2) Pension interests
3) Forfeiture of patrimonial benefits
4) Redistribution order

Question 7

Maintenance

Answer 7

1) Court can grant maintenance order against spouse
2) Can take into account provision or arrangement made in terms of
customary law
2.2) Isondlo?
2.3) Lobolo?