Answer to Question #317857 in Law for mfopa

Question

Read the set of facts and then answer the questions that follow:

Mr and Mrs Mooketsi got married in Mauritius in December 1982. At the time of

entering into the marriage they were both citizens of Botswana but domiciled in

England. Shortly after concluding the marriage, the parties relocated to

Johannesburg (South Africa) and established a domicile there. Two children were born out of the marriage

and Mrs Mooketsi looked after them full time. In 2017, Mrs Mooketsi instituted

divorce proceedings against Mr Mooketsi. She also claimed a redistribution of

assets. 

1.2 Assume that redistribution of assets is classified as a divorce matter under

English law and as a proprietary consequence of marriage under South

African law. Provide classification tables for lex fori and lex causae

classification. Which legal system should be applied to redistribution of assets

(South African law or English law) if the via media approach to classification is

followed? (15)