2015 Exam paper

Question 1:

 

John Grey is a mechanical engineer. He is employed by Mosdel, Mozambique and visits his family during holidays at the matrimonial home located at 1 River Road, Durban. The house is registered in John’s name. John earns an annual salary of R1000 000.

 

On the 1^st day of April 2010 and at Bala Lodge in Mozambique, John married his life partner Jack Purple. The civil union was concluded on the beach by Jack’s uncle, minister Paul Pope from the All Mozambiquen Church.

 

Jack is a surfing instructor at Ushaka, Durban and earns R10 000-00 per month.

 

At the time of the marriage the parties entered into an antenuptail contract with the inclusion of the accrual system. The commencement value of John’s estate was estimated to be R100 000 whilst Jack’s estate was valued as naught.

 

On 1 April 2011John and Jack became the proud fathers of twins, Derek and Steven. Shortly after the birth of the twins John told Jack to stop working to look after the children. John undertook to support Jack and the children.

 

One night Jack met up with an old girlfriend of his, Ann Brown and they started an adulterous relationship. Ann is a director of Sasol Mozambique. On 1 April 2012 Ann gave birth to Jack’s child, Alice.

 

When John discovered that Jack was unfaithful to him he immediately cancelled Jack’s Virgin Active membership, cancelled Jack’s medical aid, changed the locks to the matrimonial home, took the keys to the car Jack was using and refused Jack access to the matrimonial home. John furthermore employed a nanny and arranged for his sister to stay with the kids during the week whilst he was in Mozambique working. John instructed his sister not to allow Jack contact rights in respect of the children. John consulted you and wish to institute a claim against Jack for a decree of divorce, maintenance in respect of the children at the rate of R1000 per month per child, a claim against Jack in terms of section 9 of the Divorce Act and a claim against Ann for loss of consortium in the amount of R1000 000.

 

Based on the aforesaid set of facts, answer the following questions and where applicable refer to authority:

 

1.1     Draft the particulars of claim based on the instructions given to you by John. Remember to cite all the Defendants. (Please do not draft the summons itself or the annexures to the summons).You may add your own facts where necessary.                                                                                      (30)

 

1.2     Considering section 28 of the Constitution of the Republic of South Africa, 1996 as well as the provisions of the Children’s Act, advise John on the criteria and formalities that must be complied with in drafting a settlement agreement as well as a parenthood agreement.                              (20)

 

1.3     Explain to John what each of the following remedies entail by addressing the criteria, the process, the relief that can be claimed and the enforcement of each remedy:-

          1.3.1   Domestic violence interdict;

          1.3.2   R 43 application;

          1.3.3   Maintenance application.                                                     (30)

 

1.4     If Jack and Ann decide to give Alice up for adoption and a British citizen wish to adopt Alice, what procedure would the British citizen have to follow in successfully adopting Alice?                                                       (20)

 

 

THE END