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TL14801 Assignment1

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Exam of 5 pages for the course TLI4801 ASSIGNMENT 1 at University of South Africa (TL14801 Assignment1)

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  • August 1, 2023
  • 5
  • 2023/2024
  • Exam (elaborations)
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TL14801 Assignment1

, 1. Mr. Joe White, who is a male high school teacher, is married to Cecile
White, a nurse, for nine years. The couple reside in Robindale, Johannesburg.
They have two minor children, Kevin and Nancy. The Whites’ decide to
divorce after nine years, citing irreconcilable differences. Mrs. White
approaches you for assistance regarding the divorce proceedings. Answer the
following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues. (a) Discuss the type of summons that will be used to
institute Mrs White’s divorce action. (4) (b) Name and discuss the pleading
that will be annexed to the summons. (4) (c) Draft the prayer only. (4) [12]
Refer to chapter 6 of the prescribed textbook. Please note: The prescribed
textbook for this module is Marnewick CG “Litigation Skills for South African
Lawyers” 4th edition (2019 LexisNexis).
a) The type of summons that will be used to institute Mrs. White's divorce
action in South Africa is a "Summons based on irretrievable breakdown of
the marriage." In South Africa, a divorce can be granted based on the ground
of irretrievable breakdown of the marriage, and this can be proven by either
the spouses living apart for a continuous period of at least two years, or by
showing that there is no reasonable prospect of the marriage being restored
and that the marriage relationship has broken down irretrievably.

(b) The pleading that will be annexed to the summons is the "Particulars of
Claim." This pleading will contain the necessary details and allegations that
support Mrs. White's case for divorce. It will typically include the following
information:

1. Parties' Details: The full names, addresses, and occupations of Mr.
Joe White and Mrs. Cecile White.
2. Date and Place of Marriage: The date and location where Joe and
Cecile White got married, which would be nine years ago in Robindale,
Johannesburg.
3. Grounds for Divorce: The specific ground for divorce, which in this
case is the irretrievable breakdown of the marriage due to
irreconcilable differences. This section will explain the reason for the
divorce, such as the couple's decision to end their marriage after nine
years due to their inability to resolve their differences.
4. Children: The names and ages of their minor children, Kevin and
Nancy.
5. Residence: Details of where Mrs. White currently resides.
6. Prayer: The relief sought from the court, which will include the divorce
itself, as well as any ancillary matters like child custody, maintenance,
and division of assets.

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