Question: 2021 Question 1 (Marks: 10) Q.1.1 Identify the incorrect statement relating to divorce settlement agreements. (2) Q.1.4 The clean-break principle Page 1603) (1) entitles a


2021 Question 1 (Marks: 10) Q.1.1 Identify the incorrect statement relating to divorce settlement agreements. (2) Q.1.4 The clean-break principle Page 1603) (1) entitles a divorced woman to revert to her maiden name; (2) implies that the spouses become economically independent of each other after the divorce or as soon as possible after the divorce; (3) implies that spouses cannot have joint care of their minor children because they will be forced to interact with each other; (4) enables the spouse who has custody of the minor children to emigrate or move to another city without consent of the other parent; (5) implies that if an ex-spouse dies shortly after the divorce is finalised, the surviving ex-spouse cannot inherit in terms of the former spouses will if they are beneficiary. Q.1.5 When a spouse is awarded token maintenance in terms of a divorce order (1) the claimant spouse is granted an extremely small amount for the purposes of securing future maintenance when it is indeed required; (2) The claimant ex-spouse may approach the court at a later date in terms of s8 of the Divorce Act, 1979 to have the maintenance amount increased; (3) the claimant ex-spouse must claim the maintenance within a period of five years of the order being granted, failing which, the order in respect of maintenance automatically expires; options (1) and (2) only; 369 - 26. (5) options (1) and (3) only
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