Mr and Mrs Grumpy Were Involved in a Serious Motor-Vehicle Accident
UNIVERSITY OF KWAZULU-NATAL – PIETERMARITZBURG
SCHOOL OF LAW: FAMILY LAW WORKSHEET
MODULE AND CODE: FAMILY LAW (LAWS2FM/LAWS3FM/LAWP2FM)
PART AND FULL-TIME
-------------------------------------------------
Question 1
Mr and Mrs Grumpy were involved in a serious motor-vehicle accident. Mr Grumpy has fully recovered from his injuries, while Mrs Grumpy is still in a state of unconsciousness caused by head injuries she sustained during the accident. Mr Grumpy tells you that he had discussed divorce with Mrs Grumpy prior to the accident because their marriage had irretrievably broken down a couple of years into their marriage and that Mrs Grumpy was in agreement with the suggestion of a divorce. He would like to know whether he is compelled to sue for divorce in terms of section 5(2) of the Divorce Act or whether he can obtain a divorce based on section 4. Advise Mr Grumpy with reference to those cases dealing with the relationship between sections 4 and 5(2) of the Act.
(10 marks)
Question 2
H and W were married to each other in a civil marriage, in community of property for 20 years. H has decided that he no longer loves W because he has met someone else whom he intends to marry soon after the divorce. H is a successful businessman who has had numerous affairs during the marriage and is supporting two extra-marital children. W has been a stay at home mom ever since her children were born (a girl aged 12 and a boy aged 15). She has taken care of the home and the children and even hosts dinner parties for H’s business clients. W believes that her marriage relationship to H broke down years ago and that they don’t even share the same bedroom anymore. The only reason she has stayed married to H is because of the children and the fact that they have everything that they need and more. H decides that in addition to the divorce, he also wants the court to make a forfeiture order against W because he believes that it would be unfair for W to benefit by
SCHOOL OF LAW: FAMILY LAW WORKSHEET
MODULE AND CODE: FAMILY LAW (LAWS2FM/LAWS3FM/LAWP2FM)
PART AND FULL-TIME
-------------------------------------------------
Question 1
Mr and Mrs Grumpy were involved in a serious motor-vehicle accident. Mr Grumpy has fully recovered from his injuries, while Mrs Grumpy is still in a state of unconsciousness caused by head injuries she sustained during the accident. Mr Grumpy tells you that he had discussed divorce with Mrs Grumpy prior to the accident because their marriage had irretrievably broken down a couple of years into their marriage and that Mrs Grumpy was in agreement with the suggestion of a divorce. He would like to know whether he is compelled to sue for divorce in terms of section 5(2) of the Divorce Act or whether he can obtain a divorce based on section 4. Advise Mr Grumpy with reference to those cases dealing with the relationship between sections 4 and 5(2) of the Act.
(10 marks)
Question 2
H and W were married to each other in a civil marriage, in community of property for 20 years. H has decided that he no longer loves W because he has met someone else whom he intends to marry soon after the divorce. H is a successful businessman who has had numerous affairs during the marriage and is supporting two extra-marital children. W has been a stay at home mom ever since her children were born (a girl aged 12 and a boy aged 15). She has taken care of the home and the children and even hosts dinner parties for H’s business clients. W believes that her marriage relationship to H broke down years ago and that they don’t even share the same bedroom anymore. The only reason she has stayed married to H is because of the children and the fact that they have everything that they need and more. H decides that in addition to the divorce, he also wants the court to make a forfeiture order against W because he believes that it would be unfair for W to benefit by