Matrimonial Law Flashcards
what court should you go to for the relocation of children?
H/C
what factors should be taken into account to determine best interest of the child?
- Love, affection, emotional ties
- capabilities, character and temperament of parent
- parental health
-desirability to keep siblings together - child preference
-change of needs of children
terminology when referring to custody
Care, Guardianship, Primary residence and Contact
in what ways can you marry in SA?
- In Com of Prop with Accrual
- In Com of Prop without Accrual
-Out of Com of Prop
what is the purpose of the family adv ?
They investigate the best interest of the children
what is parental alienation
it is designed to get the child to develop a negative attitude and possibly hatred towards the other parent
this can be a long term or short term negative impact
what to do when parental alienation happens
can apply to court to suspend the other parents’ right or even terminate it
can you relocate without the consent of the other parent?
No- must have the consent if not you can go to court for an order dispensing with his consent
what needs should be taken into account for child maintenance
- food, housing, medical aid, education, clothing
is there a Rule 43 application in the Regional court?
Yes - Rule 58 Regional Court
what steps can you take for non compliance of an maintenance order
- criminal offence liable to a fine or imprisonment
- complaint is lodges with maintenance offer
-can apply for the retention or withdrawal benefit in provident fund for payment of maintenance
-contempt of court proceedings
-blacklisting
reciprocal enforcement of maintenance order
what is forfeiture
where there is substantial misconduct on the part of one of the parties, you can plea for forfeiture that the one party will be unduly benefited from the divorce
what is a universal partnership
when people live together as husband and wife for a number of years without getting married
what should be showed to the court for an universal partnership
- each partner brought something into the partnership
-partnership is carried on for joint benefit of the parties
-object of the partnership is to make a profit or martial gain
-the contract should be legitimate
-can be oral or in writing
can later change the marital regime/
Under section 21 of the Matrimonial Property Act 88 of 1984 the parties may jointly:
Apply to Court
To change the property regime
They must show sound reasons
They must give notice to all their creditors
They must show no prejudice to other persons
The actual change is then affected by means of a notarial contract duly registered in the Deeds Office.
Do spouses who were married in community of property remain liable for each other’s liabilities (incurred during the marriage) after divorce
Spouses who were married in community of property remain liable for debts incurred by a former spouse during the subsistence of the marriage
Spouses of a marriage in community of property remain bound and liable for debts incurred during the subsistence of the marriage, after the dissolution of the marriage, subject to the proviso that the debts were incurred with the requisite lawful consent of both parties.
