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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Analyse the effect of marital status on rights and obligations of persons 
SAQA US ID UNIT STANDARD TITLE
256957  Analyse the effect of marital status on rights and obligations of persons 
ORIGINATOR
SGB for Sheriffs 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  Level TBA: Pre-2009 was L6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The Learner credited with this unit standard is able to understand the different marital relationships recognised in South African law and the contracts that impact on the marital relationship. Learners are also able to understand the contractual capacity and rights of a spouse in a marriage. Further learners will be able to understand the patrimonial consequences and status of a person when a marriage is dissolved.

On successful completion of this Unit Standard the learner will be able to:
  • Demonstrate knowledge of the patrimonial consequences of a marriage or civil union.
  • Analyse the effect on the capacity of persons to act as caused by their marital status.
  • Explaining the effect of dissolution of the marriage or civil union on the patrimonial consequences and status of a person. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner has the following knowledge and skills:
  • Communication at NQF Level 5. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate knowledge of the patrimonial consequences of a marriage or civil union. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A description is given of the different types of recognised marital relationships in South African law. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the formalities of the anti-nuptial contract and its effect on the marriage or civil union in terms of the law. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the different matrimonial property regimes with reference to the patrimonial consequences of each. 
    ASSESSMENT CRITERION RANGE 
    Matrimonial property regimes include in community of property and out of community of property.
     

    ASSESSMENT CRITERION 4 
    The correct matrimonial property regime in the absence of an anti-nuptial contract is identified by applying the rules of the type of marital relationship. 

    SPECIFIC OUTCOME 2 
    Analyse the effect on the capacity of persons to act as caused by their marital status. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The limited contractual capacity in the case of marriages or civil unions in community of property is compared to the contractual capacity in the case of marriages or civil unions out of community of property. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the mode of citation of married persons with reference to their matrimonial property regime. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the rights of a spouse or a civil union partner to claim damages from the other spouse or civil union partner when married in community of property in terms of new developments in South African law. 

    SPECIFIC OUTCOME 3 
    Explain the effect of dissolution of the marriage or civil union on the patrimonial consequences and status of a person. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the effects of the dissolution of the marriage or civil union on the status of a person in terms of South African law. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the patrimonial consequences for the surviving spouse or civil union partner in terms of South African law in the instance of dissolution of marriage or civil union by death. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the patrimonial consequences for the spouses or civil union partners to voluntary separation or divorce in terms of South African law. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the nature and effect of an interim order for custody/care, maintenance and other relief. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • South African law as it is applies to marriage.
  • Contractual. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • The explaining of the effect of dissolution of the marriage or civil union on the patrimonial consequences and status of a person. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The patrimonial consequences of a marriage or civil union. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • Explaining the effect of dissolution of the marriage or civil union on the patrimonial consequences and status of a person. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • Demonstrating knowledge of the patrimonial consequences of a marriage or civil union. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  62829   National Certificate: Law Enforcement: Sheriffing  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.