general legal provisions

Question 1

meaning of marriage

5 elements

1 case

Answer 1

s.3
key words:
1. voluntary union
2. man and woman
3.monogamous or polygamous
4. registered in accordance with the marriage act 2014
5. have equal rights at, during and dissolution of marriage (a.45 of COK)

1 case: hyde v hyde

Question 2

types of marriages recognised - 5
provision

i case - disagree

Answer 2

s. 6

hindu - m
christian - m
ACL - p or pp
Islamic - p or pp
civil -m

mary muigai v AG: court said lack of consent from wife to agree to another wife is unconstitutional because of a.45 that speaks on equal rights.

Question 3

elements of a valid marriage - 9

i provision

Answer 3

1. free consent ( fraud, mistaken of the ceremony, intoxicate or insanity)
2. minimum age - s.4
3. not prohibited relations -s.10
4. no subsisting marriage - s.9
   5.absenteeism
5. unauthorised celebrant
6. identity - mistaken
7. fraudelent pruposes - knowingly
8. court order under s.25

void = invalid ( ab initio)

Question 4

other general elements: 3

Answer 4

1. witness - 2 of them s.5, they also attest by signing marriage certificate
2. time - rule 6 of the marriage general rules 2014 (8-6)
3. registration

Question 5

duration of marriage - 5

Answer 5

s.16
1. death
2. divorce
3. decree of presumption of death
4. decree of divorce from another country
5. decree of annulment