Sarafina and Donald have been married for 8 years and have 4 children together. However, their

marriage started experiencing some matrimonial problems which resulted in her filing for a divorce.

Amongst the reasons for divorce as stated by Sarafina was that Donald was emotionally and physically abusive and in addition, thereto, has been negligent in his duties of looking after their family.

Of serious concern was the threat to kill Sarafina which resulted in a report to the police and Donald was subsequently arrested and detained. In her testimony she stated that her husband arrived home drunk and an argument ensured, which resulted in him threatening to stab her with a kitchen knife, which he was holding. Sarafina said that the threat was accompanied by words to the effect that he was going to kill her, and, thereafter, take possession of their car. Even though he is in custody, he sent a message through his friend that he would kill her when he comes out of prison.

Using case law and legislative texts, advise Sarafina on the prospects of her divorce to Donald.