Paper 3: Family Law Flashcards
would this be included in accrual calculation?
- large income earned by the husband while the wife remained at home to manage the household
included
would this be included in accrual calculation?
- money earned by the wife by part time dressmaking for neighbours
included
would this be included in accrual calculation?
- husband inherits 20 000 from father’s estate
excluded
would this be included in accrual calculation?
- wife receives general damages arising out of an accident
excluded
would this be included in accrual calculation?
- RAF pays wife 50 0000 for medical expenses
included
explain the general principles of ICOP to deal with assets of the estate
- both equal power iro joint estate = disposal of assets, contracting debts which lie against joint estate/ mgt of joint estate
- both can perform juristic acts iro joint estate without consent of other subject to certain exceptions
which actions can only be done with consent of other spouse ICOP
(1) alienation , burdening/ giving real right in imm prop of joint estate
(2) alienation/cession/ pledge shares, insurance policies, mortgage bond, fixed deposits or similar assets/ investments by spouse in financial institution forming part of joint estate
(3) alienation pledge jewl/ stamp/coins/ paintings or asset mainly held as investment
(4) withdrawal of money held in name of other spouse bank
(5) as a credit receiver entering ito credit agreement
(6) binding as surety
do spouses who were married ICOP remain liable for each other’s liabilities incurred during the marriage after divorce
- liable for debts during subsistence of marriage
- after the dissolution - could remain liable for debts incurred during subsistence of marriage subject to provision debts incurred with the requisite lawful consent of both parties
- no claim can be made against joint estate if consent lacking
what factors will the court take into account in determining the amount of maintenance to be paid by the parent who does not have actual care of the minor
- previous lifestyle/ SoL of child
- financial needs
- income of parents
- financial ability to pay maintenance
- both parents liable to pay
Mr O informs you that his ex spouse is constantly complaining that the maintenance awarded is inadequate. He is hoping that the high cost of HC application for amendment of divorce order will deter her from acting. Advise him on rights of ex wife and children and himself
Exception - Inferior court (maintenance court) can amend order of superior court.
- Wife will not need representation and costs will be minimal
- husband may also seek a decrease
- the children remain entitled to maintenance until they become self supporting
How can marriage be contracted? what are the marital regimes and what are the effects
marriage may be entered into before a marriage officer or under customary law.
- if no ANC = ICOP
- ANC = can exclude community of property
- accrual system will apply for OCOP unless specifically excluded
- changes can be authorized by a court order
how can you change your marital property regime
s21 matrimonial property act
- apply to court
- to change the regime
- show sound reasons
- give notice to creditors
- no predj to other persons
- change affected by notarial contract reg in deeds registry
