Question 2 [10] While Mr and Mrs van der Klerk were living apart, as explained in Question 1 above, Mr van der Klerk proved to be a very aggressive person. He was convicted on eleven counts of assault with the intent to do grievous bodily harm and as a result was eventually declared a habitual criminal and sentenced to 5 years' imprisonment. Mrs van der Klerk now approaches you with the news that she wants to divorce Mr van der Klerk because of this. Advise Mrs van der Klerk on whether a ground for divorce has indeed been established on these facts.

Question 3 [25] During your consultation with Mrs van der Klerk, as contemplated in Question 2 above, Mrs van der Klerk wants to know from you whether a court has a discretion to refuse a decree of divorce in her case since she was only married in a civil ceremony. Would your answer differ if Mrs van der Klerk marriage has also been concluded in accordance with the prescripts of a particular religion? Fully explain the position to Mrs van der Klerk, addressing any constitutional concerns she might have in this regard.