Question 1 (20 marks)

M and X are divorcing and have one minor child, J. M comes to you for legal information and would like to know more about the aspects a court may regulate where the maintenance of dependent children is concerned. She specifically wants you to elaborate on the different legal positions and the orders a court may make in each instance.

Comprehensively discuss the maintenance of children where divorce is concerned and inform M on her aforementioned request.

Note: Each aspect must be addressed under a separate heading.

Question 2 (10 marks)

Mr P and Miss R have been in a relationship for 9 years and have been living together for 5 years. They are undecided whether they want to get engaged and then married or if they want to continue with the relationship as it is.

They are sure that they want their rights to be protected, regardless of the path they will follow.

2.1 In the context of South African law, explain to Mr P how spouses can protect their rights within their marriage, specifically focusing on concepts like assets, liability, succession and spousal maintenance. (5)

2.2 In the context of South African law, explain to Miss R what their current relationship may be classified as and how they can protect their rights in terms of this relationship. (5)

Question 3 (20 marks)

Research the topic of Spousal Maintenance in the instance of the dissolution of marriage by divorce. You are required to use the specific sources to compile a comprehensive analysis of the different results you found using the various sources.

The sources should be the following:

1. Prescribed textbook

2. Chat GPT

3. Google Scholar


Answers to Above Questions on Family Law

Answer 1: In case of issues relating to the maintenance of dependent children in divorce cases, the primary concern of court is to make sure that the interest of the child is met, and the child continues to receive adequate financial support from both the parents. The maintenance of dependent children in divorce cases requires various aspects to be considered such as legal aspects including the custody of child, financial support, education, and many others.

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