PVL2601 Assignment 2 2025 Semester 2 100% satisfaction guarantee
PVL2601 Assignment 2 – Semester 2 (2025)
Question 1
(a) What are the common-law requirements for the duty of support between
spouses?
(3 marks)
The common-law duty of support between spouses requires that:
1. There must be a valid marriage between the parties.
2. The support must be necessary, meaning one spouse is in need.
3. The supporting spouse must have the means to provide such support.
Authority: Hahlo 1985 and Bursey v Bursey 1999 (3) SA 33 (SCA) – Spouses are legally
obliged to support each other according to their means and needs.
(b) If Mr Z resigns or disposes of his assets, can Ms X succeed in claiming
spousal maintenance on the basis of intentional impoverishment?
(3 marks)
Yes, Ms X may succeed in her claim. The courts will not permit a spouse to evade a
legal duty of support by deliberately impoverishing themselves. If Mr Z’s conduct is
fraudulent or mala fide, the court can impute income or means to him.
Authority: Kroon v Kroon 1986 (4) SA 616 (E) – The court held that a party who
intentionally reduces their financial means to avoid maintenance obligations may still be
held liable.
