less the Maintenance Court or the maintenance debtor's former wife consented to such payment? a. Gerber v Gerber and Pocock b. Magewu v Zozo c. Mngadi v Beacon Sweets and Chocolates Provident Fund d. Soller v Maintenance Magistrate, Wynberg Question 50 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the correct statement regarding the court's power to make an order with regard to the division of the spouses' assets and the payment of maintenance. a. The court must include the whole settlement agreement and the terms can be enforced as the terms of a court order. b. The court may accept only parts of the settlement agreement and the terms can be enforced as the terms of a court order. c. The court must include the whole settlement agreement in the order and the terms of the settlement can only be enforced through contractual remedies. d. The court may accept only parts of the settlement agreement and the terms of the settlement can only be enforced through contractual remedies. Time left 1:04:37 Question 47 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mary and Chris are divorced. They are the parents of Rose, who is 12 years old. The divorce order awarded guardianship to both parents, care to Mary, and contact to Chris. Rose's 14-year-old friend, Bobby, has invited her to a weekend at his family's holiday home in Limpopo. Mary does not want Rose to go, as the only adult supervision on the trip will be provided by Bobby's 19-year-old brother and his 20-year-old girlfriend. Chris thinks that the weekend away will be good for Rose, as she has been studying very hard and needs a break. The decision as to whether Rose may go on the weekend trip is up to ... a. Rose. b. Mary and Chris. c. Chris. d. Mary. Question 48 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Same-sex life partners currently enjoy legal protection in ............ circumstances than heterosexual life partners do. a. less b. different c. similar d. more Time left 1:05:39 Question 45 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Samara are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Samara donated R100 000 to Mr Samara. Mrs Samara also inherited R100 000 from her mother, and received R100 000 for loss of income and a donation of R100 000 from her uncle. Which one of the following amounts reflects the value of the assets that do NOT form part of the accrual in Mrs Samara's estate? a. R200 000 b. R300 000 c. R100 000 d. R400 000 Question 46 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Chauke are married in community of property. What form of consent does Mrs Chauke need from Mr Chauke to buy a motor vehicle on credit? a. Written consent, attested by two competent witnesses b. Oral or tacit consent c. Written consent without any further requirements d. Prior written consent, attested by two competent witnesses Time left 1:06:57 Question 43 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Smith are married subject to the accrual system. Mrs Smith has discovered that Mr Smith is planning to transfer most of his assets to his brother. Which one of the following common-law remedies can Mrs Smith invoke to prevent her husband from transferring his assets to his brother? a. The actio Pauliana utilis b. An interdict c. An application to have Mr Smith declared a prodigal d. The mandament van spolie Question 44 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the correct statement regarding settlement agreements. a. The court has a discretion to make an order in accordance with either a written or tacit settlement agreement. b. The court is compelled to make an order in accordance with either a written or tacit settlement agreement. c. The court is compelled to make an order in accordance with a written settlement agreement. d. The court has a discretion to make an order in accordance with a written settlement agreement. Time left 1:06:57 Question 43 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Smith are married subject to the accrual system. Mrs Smith has discovered that Mr Smith is planning to transfer most of his assets to his brother. Which one of the following common-law remedies can Mrs Smith invoke to prevent her husband from transferring his assets to his brother? a. The actio Pauliana utilis b. An interdict c. An application to have Mr Smith declared a prodigal d. The mandament van spolie Question 44 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the correct statement regarding settlement agreements. a. The court has a discretion to make an order in accordance with either a written or tacit settlement agreement. b. The court is compelled to make an order in accordance with either a written or tacit settlement agreement. c. The court is compelled to make an order in accordance with a written settlement agreement. d. The court has a discretion to make an order in accordance with a written settlement agreement. Time left 1:09:20 Question 41 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Tebogo and Sipho married a year ago. When the parties married, Tebogo knew that Sipho had previously entered into a marriage, but she did not know that the marriage had not yet been dissolved by divorce. Tebogo and Sipho's marriage is ... a. valid and unchallengeable. b. voidable at the instance of Sipho's first wife. c. voidable at the instance of Tebogo. d. void but putative. Question 42 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mary is a single woman. She has entered into a valid surrogate motherhood contract with Susan. Susan's husband, Ben, consented to the surrogacy and signed the surrogate motherhood agreement. Peter, who is the brother of one of Mary's friends, donated the sperm that was used to fertilise Susan's ovum. Lucy is born as a result of the surrogacy. Who is/are Lucy's guardian(s)? a. Susan b. Susan and Ben c. Mary and Peter d. Mary Time left 1:12:13 Question 39 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Mill are married in community of property. Last year, Mr Mill bought a motor vehicle on credit from Multicars Ltd. He still owes R95 000 to Multicars Ltd, but has stopped making payments to them. From whom can Multicars Ltd claim the outstanding amount? a. From either Mr or Mrs Mill b. Only from Mr Mill c. Only from Mr and Mrs Mill jointly d. From either Mr Mill or from Mr or Mrs Mill jointly Question 40 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In which one of the following cases did the court hold that if a deed of suretyship contains a clause stating that the surety is legally competent to execute the deed, and a spouse who is married in community of property signs the deed after having read it and without being misled by the creditor about the import of the deed, the reasonable person in the creditor's position would accept that the surety has the necessary spousal consent? a. Amalgamated Banks of South Africa Bpk v De Goede b. Bopape v Moloto c. Visser v Hull d. Distillers Corporation Ltd v Modise Time left 1:12:58 Question 39 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Mill are married in community of property. Last year, Mr Mill bought a motor vehicle on credit from Multicars Ltd. He still owes R95 000 to Multicars Ltd, but has stopped making payments to them. From whom can Multicars Ltd claim the outstanding amount? a. From either Mr or Mrs Mill b. Only from Mr Mill c. Only from Mr and Mrs Mill jointly d. From either Mr Mill or from Mr or Mrs Mill jointly Question 40 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In which one of the following cases did the court hold that if a deed of suretyship contains a clause stating that the surety is legally competent to execute the deed, and a spouse who is married in community of property signs the deed after having read it and without being misled by the creditor about the import of the deed, the reasonable person in the creditor's position would accept that the surety has the necessary spousal consent? a. Amalgamated Banks of South Africa Bpk v De Goede b. Bopape v Moloto c. Visser v Hull d. Distillers Corporation Ltd v Modise In Satchwell v President of the Republic of South Africa certain sections of the ............. were declared unconstitutional so far as they denied protection afforded to spouses to a same-sex life partner. a. Maintenance of Surviving Spouses Act b. Intestate Succession Act c. Remuneration and Conditions of Employment Act d. Pension Funds Act Question 38 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following items is not part of household necessaries but is part of the reciprocal duty of support between spouses? a. school fees b. litigation costs c. holiday accommodation d. veterinary services for the family's pets Time left 1:15:52 Question 35 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text A civil marriage can be dissolved by... a. an agreement between the parties. b. a judicial separation order. c. an extra-judicial separation. d. annulment of a voidable marriage. Question 36 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In ........... the Constitutional Court held that a settlement agreement may be made an order of court even if enforcement of some of the terms of the agreement may require further recourse to the court. a. Tshetlo v Tshetlo b. Brandtner v Brandtner c. JW v HW d. Eke v Parsons Time left 1:19:40 Question 31 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Brown are married in community of property. Mrs Brown brought a third of the joint estate into the marriage. If the court awards total forfeiture in terms of section 9(1) of the Divorce Act against Mr Brown, what will Mrs Brown receive? a. Half of the joint estate b. A third of what Mr Brown brought into the marriage c. Half of what Mr Brown brought into the marriage d. A third of the joint estate Question 32 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text A woman may not enter into a civil marriage with her ex-husband's father because they are related to each other by... a. affinity in the direct line. b. consanguinity in the direct line. c. affinity in the collateral line. d. consanguinity in the collateral line. Time left 1:22:20 Question 29 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Olifant are married in community of property. What form of consent does Mrs Olifant need from Mr Olifant to sell her motor vehicle to her sister? a. Written consent, attested by two competent witnesses b. Written consent without any further requirements c. No consent d. Oral or tacit consent Question 30 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the correct statement on a void marriage from the list below. a. If a civil marriage is void, the nullity of the marriage cannot be raised once both parties to the marriage have died. b. If a civil marriage is void, the children of the parties to the marriage can ask the court to declare their parents' marriage void. c. A court can declare a civil marriage void only if one or both of the parties to the marriage ask the court to declare the marriage void. d. If a court declares a civil marriage void, the nullity operates from the date of the court order. Time left 1:24:31 Question 27 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Khosa have a son called Papi. Mrs Khosa also has a daughter, Emi, from a previous marriage. Mrs Khosa has a brother, Lubanzi. Mr and Mrs Gumede are the parents of Mrs Khosa and Lubanzi. Lubanzi has a daughter called Anele. Which of the following persons may marry each other if all the current marriages end in divorce? a. Mr Gumede and Emi b. Papi and Anele c. Mr Gumede and Anele d. Lubanzi and Emi Question 28 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Choose the correct statement regarding the prescribed formalities of a civil marriage. a. Use of the marriage formula is permitted but not required. b. A marriage can only be solemnised in a church or public building. c. A civil marriage may be solemnised at any time, but the marriage officer may only solemnise the marriage between 10:00 and 18:00. d. Blessing of a civil marriage according to religious rites is permitted but not required. Time left 1:26:36 Question 25 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following does NOT affect agreement to marry? a. Immaterial misrepresentation b. Error in negotio c. Undue influence d. Error in personam Question 26 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Modise are married in community of property. What form of consent does Mrs Modise need from Mr Modise to have his salary paid into her bank account every month? a. Prior written consent, attested by two competent witnesses b. Oral or tacit consent c. Written consent without any further requirements d. Written consent, attested by two competent witnesses Time left 1:29:01 Question 23 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text When making a maintenance order upon divorce the court must consider the interests of ... a. both spouses and the impact the order will have on both spouses. b. the financially weaker spouse and the impact the order will have on the financially stronger spouse. c. the financially weaker spouse and the impact the order will have on both spouses. d. both spouses and the impact the order will have on the financially stronger spouse. Question 24 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Botha are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Botha inherited R100 000 from her mother, donated R100 000 to her father, and received R100 000 for loss of income, and R100 000 for pain and suffering. Which one of the following amounts reflects the value of the assets that do NOT form part of the accrual in Mrs Botha's estate? a. R300 000 b. R200 000 c. R400 000 d. R100 000 Time left 1:30:40 Question 21 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which court(s) may spouses approach, in terms of section 21(1) of the Matrimonial Property Act, for leave to change the matrimonial property system that is applicable to their marriage? a. the Regional Court or Divorce Court b. only the Divorce Court c. the Regional Court or High Court d. only the High Court Question 22 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the INCORRECT statement with regard to the Mediation in Certain Divorce Matters Act. a. After institution of a divorce action, the Family Advocate may by his or her own accord ask the court to authorise an enquiry. b. In Van Vuuren v Van Vuuren the court indicated that the Family Advocate ought to apply for an order authorising an inquiry in terms of the Act if siblings will be separated. c. During the trial of a divorce action, the Family Advocate may cross-examine witnesses. d. The court must accept the Family Advocate's recommendations and make an order accordingly. Time left 1:32:43 Question 19 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In ........... the court extended the application of the Intestate Succession Act and Maintenance of Surviving Spouses Act to spouses in de facto polygynous Muslim marriages. a. Ryland v Edros b. Daniels v Campbell c. Amod v Multilateral Motor Vehicle Accidents Fund d. Hassam v Jacobs Question 20 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following occurrences would always terminate a post-divorce spousal maintenance order in terms of section 7(1) of the Divorce Act? a. The death of the maintenance debtor b. The remarriage of the maintenance recipient c. The death of the maintenance recipient d. The remarriage of the maintenance debtor Time left 1:36:45 Question 17 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Tsholo are married subject to the accrual system. They are getting divorced. During the marriage, Mrs Tsholo inherited R100 000 from her mother, received R100 000 for loss of income and R100 000 for pain and suffering, and received a donation of R100 000 from her uncle. Which one of the following amounts reflects the value of the assets that do NOT form part of the accrual in Mrs Tsholo's estate? a. R200 000 b. R100 000 c. R300 000 d. R400 000 Question 18 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following concepts is used to test for the irretrievable breakdown of a marriage? a. consortium bonis mores b. consortium intervallum c. consortium omnis vitae d. consortium mariti Skip span id "mod_quiz_navblock_title"Quiz navigation/span Quiz navigation Finish attempt ... Webcam Jump to... Time left 1:39:46 Question 15 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following statements regarding the dissolution of a civil marriage by the death of one of the spouses is correct? a. If a surviving spouse in a civil marriage has a claim for maintenance from the estate of his or her deceased spouse, the claim must be proved and disposed of in terms of the Administration of Estates Act. b. If a civil marriage in community of property is terminated by the death of one of the spouses, the surviving spouse pays all the debts owed by the joint estate and claims all debts owed to the joint estate. c. The surviving spouse in a civil marriage may claim maintenance from the estate of his or her deceased spouse if the death occurred after 1 December 2000. d. If a civil marriage out of community of property is terminated by the death of one of the spouses, the antenuptial contract is automatically terminated. Question 16 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Which one of the following is NOT a requirement for a valid civil marriage? a. The marriage must be lawful. b. The parties must have capacity to act. c. The parties must be engaged to each other. d. The marriage must be concluded with the prescribed formalities. Time left 1:46:51 Question 13 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text As a general rule, a permanent life partnership...... a. can be regarded as a civil partnership. b. does not confer the consequences of a valid marriage. c. can be regarded as a common law marriage. d. does not exempt donations between the partners from donations tax. Question 14 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In a marriage in community of property, one spouse must obtain the consent of the other spouse for certain transactions. Select the transactions from the list below for which spousal consent is required. I Selling the other spouse’s sharesII Buying shares for the other spouseIII Buying household appliances for the common householdIV Selling coins that are held as investments of the joint estate a. I, II and IV b. I and IV c. II and III d. All the transactions Time left 1:48:54 Question 11 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs B are married in community of property. Mr B crashed the spouses' motor vehicle into Mr Z's motor vehicle. Mr B was entirely to blame for the accident. Mr Z suffered bodily injuries and his vehicle was damaged in the accident. Which of the following statements is INCORRECT? a. If Mr B does not have a separate estate, Mr Z can recover damages for his bodily injuries and the damage to his vehicle from Mr and Mrs B's joint estate. b. Mr Z can recover damages for his bodily injuries and the damage to his vehicle from either Mr B's separate estate or the joint estate. c. Mr Z can recover damages for his bodily injuries from Mr B's separate estate. d. Mr Z can recover damages for the damage caused to his vehicle from Mr B's separate estate. Question 12 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Select the correct statement about the nature of the maintenance or increase of a spouse's estate when applying for a redistribution order. a. Performance of domestic or child-care responsibilities cannot be regarded as a contribution towards the other spouse's estate. b. There must be a causal connection between the contribution and growth or maintenance of the other spouse's estate. c. A monetary value needs to be placed on the contribution before it can be considered for purposes of a redistribution order. d. A redistribution order is dependent on proof of a causal link between the claimant's contribution and the assets in the other spouse's estate. Time left 1:51:10 Question 9 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In terms of the Maintenance of Surviving Spouses Act, the surviving spouse in a marriage which was dissolved by death after 1 July ......... has a claim against the estate of his or her deceased spouse in respect of his or her maintenance needs. a. 2010 b. 1980 c. 2000 d. 1990 Question 10 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text The court's power to redistribute assets in terms of section 8(4)(a) of the Recognition of Customary Marriages Act is ... a. not restricted, and applies regardless of when the marriage is concluded or what the matrimonial property system is. b. restricted to marriages concluded prior to 1 November 1984 and marriages subject to complete separation of property. c. restricted to marriages subject to complete separation of property. d. restricted to marriages concluded prior to 1 November 1984. Time left 1:52:49 Question 7 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Gladwell and Priscilla were married in community of property. Their marriage was unhappy right from the start, and ended in divorce seven months later. Before they married, Gladwell bought a motor vehicle on credit from Trusty Motor Dealers. He still owes R150 000 to the dealership. From whom can the owner of Trusty Motor Dealers claim the outstanding amount for Gladwell's vehicle? a. Either Gladwell or Priscilla b. Gladwell only c. Gladwell and Priscilla jointly d. Either Gladwell or Gladwell and Priscilla jointly Question 8 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Fhule is married to Ananda in terms of customary law. With Ananda's consent he enters into a second customary marriage with Saleleni. He does not conclude a court-approved contract in terms of section 7(6) of the Recognition of Customary Marriages Act. His marriage to Saleleni is ... a. valid. b. putative. c. void. d. voidable. Time left 1:54:16 Question 5 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Mr and Mrs Silver are married in community of property. They have a farm that is subject to a usufruct. Select the INCORRECT statement from the list below. a. The crops on the farm do not fall into their joint estate. b. The farm does not fall into their joint estate. c. The holiday home the spouses bought with the income they earned from selling the crops on the farm falls into their joint estate. d. The amount Mr Silver received in terms of an agricultural insurance policy when all the crops on the farm were severely damaged in a hail storm falls into their joint estate. Question 6 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In terms of the Maintenance Act, a maintenance order by default may be made against a maintenance debtor if he or she ... a. is unable to pay maintenance at present, but will be able to do so at a later stage. b. has agreed to maintenance automatically being increased every year but has failed to pay the agreed increase. c. obstructs proceedings by not appearing before the Maintenance Court. d. has appeared before the Maintenance Court at least three times. Time left 1:55:17 Question 3 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text Tebogo and Xolani are divorced. They are the parents of Mpho, who is 16 years old. The divorce order awarded guardianship to both parents, care to Tebogo, and contact to Xolani. Mpho wants to attend a different school next year. Tebogo wants Mpho to stay at her current school, while Xolani wants Mpho to change to the school where he obtained a job as a driver last week. The decision about the school is up to ... a. Mpho. b. Xolani. c. Tebogo and Xolani. d. Tebogo. Question 4 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text In terms of section 5(2) of the Divorce Act, a defendant's continuous unconsciousness may constitute a ground for divorce if, inter alia, the unconscious state has lasted for a continuous period of at least .......................................... immediately prior to the institution of the divorce action. a. two years b. one year c. six months d. three months Skip span id "mod_quiz_navblock_title"Quiz navigation/span Quiz navigation Finish attempt ... Webcam Jump to... Time left 1:59:47 Question 1 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text If a minor's guardian has consented to the minor's marriage, but not to the minor's antenuptial contract, the antenuptial contract is ... a. valid and unchallengeable. b. voidable at the instance of the minor. c. void ab initio. d. voidable at the instance of the minor's guardian. Question 2 Not yet answered Marked out of 2.00 Not flaggedFlag question Question text The Minister of Home Affairs has extended the date for registration of customary marriages to ... a. 30 June 2024. b. 1 January 2021. c. 30 August 2020. d. 30 May 2024.