PVL2601 Assignment 2 2025 Due 25 August 2025

PVL2601 ASSIGNMENT 2 2025
DUE 25 AUGUST 2025

Question 1

X and Z, engaged lovers, have come to you seeking legal advice. They want to sign an
antenuptial contract. Mr Z informs you that Ms X is not employed and that he is taking
care of her financially. However, should their marriage not succeed, he does not want
to be responsible for her maintenance after divorce. Therefore, he instructs you that
the antenuptial contract should contain a clause stating that neither spouse can claim
post-divorce spousal maintenance if the marriage were to end in divorce.

Answer the following questions:

ANSWER

(a) What are the common-law requirements for the duty of support between
spouses?

In terms of the common law the duty of support between spouses is a reciprocal
obligation arising automatically by operation of law.¹
According to Grobbelaar v Havenga the duty of support encompasses provision of