CHAP 3: MARRIAGE Flashcards
DEFINE MARRIAGE
a legacy recognized lifelong voluntary union between one man and a woman to the exclusion of all other persons
ABSOLUTE INCAPACITY TO MARRY: MARITAL STATUS
a person can only be in one current operative marriage.
even customary marriages have to be exclusive, if not the spouse faces criminal offence by bigamy.
ABSOLUTE INCAPACITY: MENTAL INCAPACITY
a person who doesn’t understand the nature of marriage can’t reach consensus.
even a curator cannot consent unless the intervals of illness can be used for consent
ABSOLUTE INCAPACITY: UNDERAGE PARTIES
under 18 boys & under 15 girls cannot get married w/o consent from the Minister
for civil unions the marriage age is only 18 years
RELATIVE INCAPACITY: GENDER
only opp. genders can marry under Marriages Act
transitioned genders can also marry under Marriages Act ONLY when their details have been reassigned
THE KOS CASE
three males altered their genders and the Home Affairs couldn’t change their certificate due to being married under the Marriages Act then the High Court allowed for them to alter regardless & keep their marital status
RELATIVE INCAPACITY: MINORS
the minors need consent from the parents, guardians and the Minister accord. to section 24-Marriages Act
INABILITY TO GET CONSENT
minors w/o consent can write to the Minister if they’d failed to get consent from the Commissioner and parents/guardians
CONSEQUENCES OF NO CONSENT
the marriage will be rendered voidable but could be dissolved should the parents/guardian dissolve the marriage or the minor prior reaching majority
PROHIBITED RELATIONSHIPS: CONSANGUITY
blood relations for persons with common ancestor- cannot marry
direct line: ascendants and descendants of each other such as fathers to daughters or grandkids to grandparents
collateral line: having common ancestor but not related such as siblings and cousins
PROHIBITED RELATIONSHIPS: AFFINITY
people here are related through spouses through marriage- not prohibited to marry
direct line: the spouse is related to the person by blood such as mom-in-law and son-in-law - cannot marry
collateral line: related through spouse by blood such as husband and sis in law -can get married
PROHIBITED RELATIONSHIPS: ADOPTION
according to the Children’s Act adoptive parents & child cannot marry but the adopted children can marry adoptive siblings
PROHIBITED RELATIONSHIPS: GUARDIAN & WARD
the High Court can grant permission for this marriage to go through
PROHIBITED RELATIONSHIPS: PERSON UNDER CURATORSHIP
persons under curatorship do not need curator’s consent to marry nor can the curator consent on their behalf
CONSENSUS
for consensus to be reached both parties need to declare their willingness at the wedding ceremony amongst witnesses and an ex officio
