Study Unit 2 - Lecture 5 Flashcards
(15 cards)
Who traditionally dissolved customary marriages?
The families of both spouses, especially the wife’s father.
What did KwaZulu-Natal require for customary unions?
An official witness and court dissolution (per Zulu Code).
When did court dissolution become mandatory?
15 November 2000.
What is the only legal ground for divorce?
Irretrievable breakdown of the marriage.
What must the court determine before granting divorce?
If there’s a reasonable prospect of restoring the marriage.
Does the Recognition Act mention lobolo in divorce?
No, it does not.
What happens to lobolo if the wife is to blame?
It is not returned to the husband.
How many beasts are deducted per child?
One per child (living, deceased, miscarried).
What if the husband hasn’t finished paying lobolo and is to blame?
He still owes the outstanding balance.
What changes for the wife after divorce?
She is no longer under husband’s guardianship and is a major.
Who traditionally had custody under Zulu law?
The husband.
What does Section 28(2) of the Constitution prioritise?
The best interests of the child.
What happens to the wife’s property rights post-divorce?
She loses all rights to house property.
What is the purpose of forfeiture under the Divorce Act?
Preventing a guilty spouse from financially benefiting.
Translate: “monna/mosadi o nkga le sa gagwe”
A man or woman who stinks, stinks with all that is his/hers.
