Assignment
2
Dr. Maradeth Grey (born
White) and Dr. Derek Grey were married in terms of the Civil Union Act 17 of
2006 on the 1st day of April 2008. Derek, an English citizen,
employed as a neurologist at the Oxford Hospital in England was introduced to
Maradeth, an orthopaedic surgeon employed by Alberlito Hospital, Ballito during
a medical conference held in England during March 2008. At the end of the
conference Derek proposed to Maradeth and travelled with her to South Africa
where they got married at Maradeth’s home located at Unit 1, Ocean View Street,
Zimbali Lodge, Ballito. Derek has, subsequent to their marriage, been appointed
as the head of neurology at Alberlito Hospital, Ballito. Both parties belong to
the Alberlito pension fund as administered by Alex Forbes Insurance located at
Unit 1, Forbes Building, Johannesburg.
Derek entered into an
adulterous relationship with Dr. Mark Black, a trauma doctor employed at
Alberlito Hospital. Maradeth and Derek adopted Sloan White, a male born 1 April
2009 after his mother gave him up for adoption. Shortly after the adoption,
Derek admitted to Maradeth that he was gay and that he was involved with Dr.
Mark Black. Maradeth was so outraged that she asked Derek to leave the
matrimonial home. As Derek was no longer staying at the matrimonial home, he
stopped contributing towards the communal (shared) expenses.
Maradeth consults with
you in respect of a divorce action. She is adamant that she wants her husband
and Dr. Mark Black to pay for the embarrassment they have caused her. Maradeth
furthermore instructs you that she wishes to apply for primary care-giving of
Sloan and does not want Derek to have unsupervised contact with the minor child
as she is concerned that his lifestyle (having intimate relations with another
man) will have a negative effect on the minor child. In addition she wants
Derek to pay maintenance in respect of Sloan in the amount of R10 000-00 per
month, as well as all educational expenses. Maradeth is prepared to retain
Sloan on her medical aid fund. Maradeth also wants Derek to pay her the R100 000
she has on his behalf in respect of costs that she had to pay whilst Derek was
on unpaid sabbatical leave whilst pursuing his MBA.
1.1 Draft the particulars
of claim based on the instructions given to you by Maradeth. (Please do not draft the summons itself
or the annexures to the summons).You may add your own facts where necessary.
Use
the particulars of claim you have drafted in 1.1 above and draft the Plea and Counterclaim
on behalf of Derek based on the following instructions:
1.1
Derek consults with you after he was served
with a divorce summons. He instructs you to defend the action. He instructs you
that Maradeth is the head of orthopaedics at Alberlito hospital and that she is
no longer staying at Ocean View but that she has moved in with Dr Purple. He
does not know their physical address. He furthermore instructs you that the
parties did enter into an antenuptial contract excluding the accrual system. He
denies that the adoption in respect of Sloan were finalised and is therefore not
prepared to pay any money in respect of Sloan. He instructs you to claim maintenance
from Maradeth for himself at the rate of R20 000-00 per month as he is
presently not earning an income.
This assignment is for
your benefit and I accordingly ask that you attempt to draft the pleadings on
your own. If you do not know how to go about the exercise you may consult your
classmates. I would however like to see
your own work. You may also look at examples on the blogpages and look to the
Uniform Rules of Court for guidance. The assignment is due the 16th instant.
