CHAP 3: MARRIAGE CONTINUED:

Question 1

MARRIAGE OFFICER AS PART OF FORMALITIES:

Answer 1

the person solemnizing the marriage should be an ex-officio, magistrate, special justice of peace & commissioner for area of office

the minister can also authorize a public service worker, diplomat or minister of religion

Question 2

PREREQUISITES FOR WEDDING CEREMONY

Answer 2

both parties must bring IDs, not be related, have consent & have a marriage w/o impediments

Question 3

FORMALITIES OF MARRIAGE

Answer 3

must be officiated between 8am-4pm any day
both parties need to declare “I DO”
no one can stand in for person getting married

Question 4

REGISTERATION OF MARRIAGES

Answer 4

the officer, couple & the witnesses need to sign the register for marriages immediately after the ceremony as the certificate is needed as prima facie proof

Question 5

VOIDABLE MARRIAGES: REQUIREMENTS/REASONS TO ANNUL

Answer 5

the other party can get an order to annul if there was impotence, misrepresentation, concealment of sterility, stuprum, no consent & hidden customary marriages

best interests of the child are considered

the gifts are returned-restituto in integrum

Question 6

WHEN WILL MARRIAGE BE VOID

Answer 6

the status of the parties do not change

the marriage will be void if the marriage officer was incompetent, no witnesses at the wedding & minors do not have Ministerial consent

Question 7

MATERIAL REQUIREMENTS FOR VOID MARRIAGES

Answer 7

if one party is still married under recognized marriages
if the relationships are under prohibited degrees
if the party(s) have no mental capacity
if both are minors w/o consent

Question 8

PUTATIVE MARRIAGES

Answer 8

this happens if marriages are under prohibited degrees, one is married or didn’t perform solemnization formalities

Question 9

ISSUES OF PUTATIVE MARRIAGES: CHILDREN

Answer 9

the children are auto legitimate, parental responsibilities & rights of the father determine the father-child relationship

Question 10

ISSUES OF PUTATIVE MARRIAGES: PATRIMONIAL CONSEQUENCES

Answer 10

if the marriage is bona-fide then its I.C.P if it will benefit the innocent
if parties had antenuptial contract then its O.C.P

Question 11

RECOGNITION OF FOREIGN MARRIAGES:

Answer 11

these marriages are valid if all formalities were abided by but if it contradicts with S.A laws then it will be invalid (contra bono mores)