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LJU4804 October/November (Exam) MEMO | Due 19 October 2026. All questions fully answered. Upon discovering Mr Singh’s infidelity in February 2025, Mrs Singh instituted divorce proceedings in a South African High Court. Her lawyers also advised her to claim for future maintenance in terms of section 7 of the Divorce Act 70 of 1979 to achieve a clean break between the parties.
1.1
Which legal system governs the material validity of the Singhs’ marriage according to the rules of South African private international law? (2)
1.2
Would your answer to 1.1 be different if it emerged that the parties got married in Hawaii to evade the requirement of English law that parental consent is required for persons below the age of eighteen to get married? Discuss. (6)
1.3 Which legal system applies to the formal validity of Mr and Mrs Singh’s marriage in terms of the South African rules of private international law? (2)












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