Name Sibongile Agnes Dube

Student number 69405212

Module PVL2601
Assignment 2
Unique code 578271

Question 1

a) Mr and Mrs Brown's marriage is a marriage in community of property. This is

because they entered into a civil marriage without an antenuptial contract, which means
that by default their marriage is governed by the laws of community of property.
b) In a marriage in community of property, the spouses share a joint estate, which
includes all their assets and liabilities acquired before and during the marriage. This
means that both spouses have equal rights and responsibilities over the joint estate.
In the case of Mrs Brown, the fact that Mr Brown was already a party to another civil
marriage in community of property has significant implications. According to conflicting
case law, there are two possible interpretations:
1. The first interpretation is that Mr Brown's prior marriage automatically invalidates
his subsequent marriage to Mrs Brown. This means that Mrs Brown's marriage is
null and void, and she would not have any patrimonial consequences arising
from the marriage.
2. The second interpretation is that Mr Brown's prior marriage does not
automatically invalidate his subsequent marriage to Mrs Brown. In this case, Mrs
Brown would be considered a concurrent spouse, and she would have a claim
against Mr Brown's estate for her share of the joint estate.
Given the conflicting case law, it is important for Mrs Brown to seek legal advice specific
to her jurisdiction. An attorney can assess the relevant laws and precedents in her
jurisdiction to provide her with accurate advice on the patrimonial consequences of her
marriage.

Question 2
 • Protection of Interests in a Marriage Out of Community of Property with Accrual System

In a marriage out of community of property with the application of the accrual system,
each spouse retains ownership of their own assets and is responsible for their own
debts. However, this does not mean that one spouse can freely dispose of assets
without considering the other spouse's interests.
In the given scenario, Mr. Mopeli claims that he can sell his own assets without
consulting Mrs. Mopeli. However, this claim is not entirely accurate. While Mr. Mopeli
may have ownership of the assets, Mrs. Mopeli has a statutory right to protect her
interests.

• Duty of Financial Support and Maintenance

In South Africa, spouses have a legal duty to support and maintain each other during
the marriage. This duty includes providing financial support and ensuring the well-being
of the family. Mr. Mopeli's gambling addiction and the resulting debts may jeopardize
this duty.

• Protection under the Matrimonial Property Act

Mrs. Mopeli can take steps to protect her interests by invoking the provisions of the
Matrimonial Property Act. This act allows a spouse to apply to court for an order to
protect their rights and interests in the event of the other spouse's misconduct or
reckless behavior.

• Interdict to Prevent Asset Disposal

Mrs. Mopeli can apply for an interdict to prevent Mr. Mopeli from disposing of assets
without her consent. An interdict is a court order that prohibits a person from taking
certain actions. In this case, it can prevent Mr. Mopeli from selling assets without Mrs.
Mopeli's knowledge or agreement.

• Division of Accrual

If the marriage were to end in divorce, the accrual system would come into play. The
accrual system aims to ensure a fair division of assets accumulated during the
marriage. If Mr. Mopeli's gambling debts have significantly reduced the value of the
accrual, Mrs. Mopeli may be entitled to a larger share of the remaining assets.

• Conclusion

In summary, Mr. Mopeli's claim that he can sell his own assets without consulting Mrs.
Mopeli is not entirely accurate. Mrs. Mopeli has statutory rights and can take steps to
protect her interests, such as applying for an interdict. Additionally, in the event of
divorce, the accrual system may provide further protection for Mrs. Mopeli. It is
advisable for Mrs. Mopeli to consult with a family law attorney to fully understand her
rights and options in this situation.
Reference
Heaton J & Kruger H South African Law 4th edition 2015 LexisNexis Durban
Family Law: only study guide for PVL2601 (University of South Africa, Pretoria 2016)
Cases