Section 11 Sections

Question 1

Section 3 of the Divorce Act

Answer 1

1) The irretrievable breakdown of the marriage as
contemplated in section 4; or
2) The mental illness of a spouse as contemplated in section
5(1)
3) The continuous unconsciousness of a spouse as
contemplated in section 5(2)

Question 2

Section 8(1) of the RCMA (only 1 Ground)

Answer 2

➢ The irretrievable breakdown of the marriage is the only
ground for divorce in terms of a customary marriage

Question 3

Section 4(1) of the Divorce Act and Section 8(2) of the RCMA

Answer 3

(1) A court may grant a decree of divorce on the ground of the irretrievable breakdown of the marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of restoration of a normal
marriage relationship between them

Question 4

The court may grant a decree of divorce if it is satisfied:

Answer 4

1) Has been admitted as a patient at an institution in terms of a reception order.
2) Is being detained as a State patient at an institution or other placed specified by the Minister of Correctional Services.
3) Is being detained as a mentally ill convicted prisoner at an institution

Question 5

Section 5(2) – Continuous Unconsciousness

Answer 5

1) That the defendant is by reason of a physical disorder in a state of continuous unconsciousness; and
2) That the defendant’s unconsciousness has laste for a continuous period of at least 6 months immediately prior to the institution of the divorce action; and
3) After having heard the evidence of at least two medical practitioners,

Question 6

Section 2B of the Wills Act (NB!)

Answer 6

1)

Question 7

Section 7(7)(a) of Divorce Act

Answer 7

1) In the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall subject to paragraphs (b) and (c), be deemed to be
part of his assets.

Question 8

Section 7(7)(c) of Divorce Act

Question 9

Section 7(8) of the Divorce Act

Question 10

The Pension Funds Act

Answer 10

The pension fund is deemed to accrue on the date of the court order and the non-member can choose to have the amount directly transferred to him/her to have it transferred to an approved pension fund