Peter Colesman and Trisha Colesman married out of community of property in the Republic of Ireland in 1985. They signed an ante-nuptial contract that expressly stated that the laws of the Republic of Ireland would govern their marriage. At the time of their marriage they were both domiciled and habitually resident in the Republic of Ireland. They bought immovable property in Ireland, which they still own to this day. In 2006, Trisha was offered a contract of employment by AgriCo SA Pty (Ltd), a South African company incorporated in Johannesburg, South Africa. Peter and Trisha decided to relocate to Sunninghill, Johannesburg. Both retained their domicile in Ireland, but did acquired a new habitual residence in Johannesburg. They bought a house in Sunninghill and later, in 2008, welcomed twin boys into the family. In 2012, Peter and Trisha's marriage took a turn for the worse. Trisha was caught cheating with a colleague of hers and Peter subsequently filed for divorce in the Johannesburg High Court. Peter also wishes to file for full custody over the twins. In the Republic of Ireland, divorce is unlawful on religious grounds and, thus, not permitted. In South Africa, divorce is governed by the Divorce Act 70 of 1979 and may be instituted in the event that the marriage has irretrievably broken down. You may assume that the South African court has jurisdiction. You are the presiding judge. Answer the following questions:

1.1 On what grounds is the Johannesburg High Court able to assume jurisdiction over the matter? (1)

1.2 What is the incidental question in the above set of facts? (1)

1.3 Determine which law you would apply to the divorce matter. Substantiate.