SUPPLEMENTARY EXAMINATIONS
JULY 2011
Time: 3 Hours
Subject: Legal
Skills
This paper consists of three pages including the cover page.
Internal Examiner
Mrs L Ramaccio Calvino HOD : Mr L. Ndlovu
Internal Moderator
Mr D Iyer
Instructions to Candidates
1. Answer all questions
2. It is in your best interest to write clearly and legibly.
3. Rely on relevant case law and statutory provisions and refer to
the
legal position in South Africa
Question
1:
Alison
and Sloan are married out of community of property (inclusive of the accrual
system). Sloan adopted Alison’s minor child from a previous marriage, namely
JJ. Alison has been physically abused by Sloan on various occasions in the
past. As a result of JJ’s good relationship with Sloan, as well as the fact
that the parties are staying in a property registered in Sloan’s name, Alison
has always turned the other cheek.
Alison
consulted with you after she was served with a divorce summons. She instructed
you that she is employed as a cashier at Pick & Pay but that she earned an
inadequate income to support herself. In
terms of the divorce summons Sloan did not offer any maintenance in respect of
Alison or JJ and as a result Alison instructed you to defend the divorce
action.
After
Sloan discovered that June was contesting the divorce action he chased Alison
and JJ from the matrimonial home and changed the locks. In answering the following questions
reference must be made to applicable legislation and case law.
1.1
In lieu of the circumstances mention what
remedies are available to Alison and briefly outline the
procedures of each of
the possible remedies. (30)
1.2 Mention the initial documentation that should be forwarded to the
registrar to commence the divorce action and briefly outline the procedure
involved in instituting a divorce action.
(10)
Question 2:
2.1 Explain to Alison
the procedure involved in applying for a domestic violence order, as well as
the
criteria the court will apply in considering such an application. (10)
2.2
Mention and discuss how a maintenance orders
can be enforced. (10)
Question
3:
Draft particulars of claim in
respect of a divorce matter based on the following facts:
You
act on behalf of Mrs Maradeth Grey (previously White) who instructed you that
she is a qualified nurse, but is presently unemployed and resides at 1 Venus Road , Durban
Mrs
Grey is married to Mr Derrick Grey, a doctor who practices from The Alballito
hospital, Ballito and whom resides with Mrs Grey in the matrimonial home
located at 1 Venus Road ,
Durban
The
parties were married on the 1st day of April 2001 at Durban
Mrs
Grey is presently pregnant with their first child. Your instructions are that Mr Grey is
involved with a nurse at his place of employment and as a result Mrs Grey is
intent on a divorce. Mrs Grey requires spousal maintenance in the amount of
R20 000 per month as well as to be retained as a member of Mr Grey’s
medical aid fund. (30)
Question 4:
4.1 Differentiate between a redistribution order and a claim for the
forfeiture of benefits. (2)
4.2 Mention which court/s have jurisdiction to preside over divorce action
if your client is
resident in Empangeni? Furthermore mention one advantage and one
disadvantage of instituting a divorce action in respect of each one of the
respective courts. (2)
4.3 Briefly discuss the requirements of a valid settlement agreement as
provided for in terms of
Section 7 of the Divorce Act. (2)
4.4 Differentiate between an Annexure “A” and Annexure “B” document? (2)
4.5 Differentiate between a motherhood agreement and a parenthood
agreement. (2)
THE END
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