uestion 1 Marl (1.1.1 Identify the incorrect statement relating to divorce settlement agreements. ( 1) The settlement agreement sets out how the divorcing spouses intend to divide the marital property. (2) The spouses cannot divide the marital property in any way they choose and are bound by the matrimonial property regime governing the marriage. (3) Spouses may reach agreement regarding the care and control of their minor c\""'""-'\" (4) Spouses may agree on both spousal and child maintenance. (5) All of the above. (1.1.2 In terms of section 9 of the Divorce Act (1) the court will not grant an order for forfeiture when a decree of divorce is sought on the grounds of continued unconsciousness or mental illness. (2) a court cannot make an order for a partial forfeiture of benets it must adopt an "all or nothing\" approach. (3) a forfeiture order should be granted in circumstances where, if the order is not granted, the one party will be unduly beneted in relation to the other. (4) options (1) and (3) only (5) options (2) and (3) only (1.1.3 Identify the correct statement relating to pension interests. (1) (2) (3) (4) (5) Pension interests are only considered if the spouse against whom the claim is made is over the age of 65. The pension interest due to the non-member spouse will only be paid after the member spouse reaches pensionable age. The pension interest of a member spouse forms part of their personal estate and is automatically excluded from the joint estate. The pension interest is deemed part of a spouse's estate if the spouses are married in community of property. All of the above. (1.1.4 The cleanbreak principle Q-1.5 ( 1) entitles a divorced woman to revert to her maiden name; (2) implies that the spouses become economically independent of each other after the divorce or as soon as possible after the divorce; (3) implies that spouses cannot have joint care of their minor children because they will be forced to interact with each other; (4) enables the spouse who has custody of the minor children to emigrate or move to another city without consent of the other parent; (5) implies that if an ex-spouse dies shortly after the divorce is finalised, the surviving ex-spouse cannot inherit in terms of the former spouses will if they are beneficiary. When a spouse is awarded token maintenance in terms of a divorce order ( 1) the claimant spouse is granted an extremely small amount for the purposes of securing future maintenance when it is indeed required; (2) The claimant ex-spouse may approach the court at a later date in terms of 58 of the Divorce Act, 1979 to have the maintenance amount increased; (3) the claimant exspouse must claim the maintenance within a period of ve years of the order being granted, failing which, the order in respect of maintenance automatically expires; (4) options (1) and (2) only; (5) options (1) and (3) only