Lecture 6

Question 1

Validity requirements

Answer 1

1) Consensus
2) Capacity to act
3) Lawfulness
4) Prescribed formalities

Question 2

Prescribed formalities

Answer 2

1) Officers who may solemnize a marriage
2) Preliminary steps to the ceremony
3) The ceremony
4) Registration

Question 3

Officers who may
solemnize a marriage

Answer 3

1) Ex officio officers=Magistrate

2) Designated officers
2.1) Officer in public service/consular
service
2.2) Minister holding responsible
position in religious
denomination/organization

Question 4

Competent officers

Answer 4

1) Secular officers
2) Religious officers

Question 4

Secular officers

Answer 4

1) Home Affairs officer
2)Officer in diplomatic
3) Magistrate

Question 5

Religious officers:

Answer 5

1)Pastor/priest
2) Rabbi
3) Imam

Question 6

Exceptions for secular officers

Answer 6

1) According to Civil Union Act
2) Not exempted from solemnising
same-sex civil marriage conscience, religion or belief

Question 7

Exceptions for Religious Officers

Answer 7

1) May refuse to solemnise union
if the marriage does not conform
to tenets of officer’s denomination

Question 8

Effect on the validity of the marriage

Answer 8

1) Marriage will be VOID if not solemnized by a competent official
* Exceptions?
1. Parties bona fide believed that the person who solemnised their
marriage was authorised
2. Officer bona fide believed that they were authorised

Question 9

Marriage Bill

Answer 9

1) Ex officio marriage officers
2) Designation of other persons as marriage officers
3) Deemed marriage officers
4) Revocation and suspension of designation as marriage officer

Question 10

Prescribed formalities

Answer 10

1) Marriage officers
2) Ceremony
3) Registration requirements

Question 11

Ceremony: preliminary steps

Answer 11

1) Identity document
2) Written consent when required (minors)
3) No impediments exist
4) Divorce order
5) Objections
6) Civil union: marriage or civil partnership

Question 12

Section 29 of the Marriage Act:
Section 10 of the Civil Union Act

Answer 12

Ouline ceremony

Question 13

Place of solemnisation: Marriage Act

Answer 13

1) Church
2) Public office
3) Private dwelling
4) Open doors

Question 14

Place of solemnisation: Civil Union Act

Answer 14

1) Public office
2) Private dwelling-house
3) Premises used for such purposes
4) Open doors

Question 15

Section 30 of the Marriage Act
Section 11 of the Civil Union Act

Answer 15

Marriage formula

Question 16

Registration

Answer 16

1) Marriage register has to be signed
1.1) Marriage officer
1.2) Parties
1.3) Witnesses
2) Department of Home Affairs
3) Prima facie proof
4) Not a validity requirement

Question 17

Valid marriage

Answer 17

1) Children are deemed to be children of married parents.
2) Reciprocal duty of maintenance.
3) Parties can inherit intestate from each other.
4) Spouses cannot conclude another marriage.
5) Status of parties will change.
6) Matrimonial property system

Question 18

Void marriage

Answer 18

1) Marriage does not come into existence
2) Void ab initio
3) Declaratory order
4) Validity requirements

Question 19

Voidable marriage

Answer 19

1) Valid marriage with legal consequences
2) Can be set aside by the court (annulment)
3) Retrospective effect
4) Validity requirements: consensus and capacity to act

Question 20

Annulment

Answer 20

1) Circumstances present at time
of conclusion of the marriage.
2) Annulment order has
retrospective effect.
3) Common law procedure.

Question 21

Divorce

Answer 21

1) Circumstances develop after
conclusion of the marriage.
2) Divorce order applies from
date of divorce.
3) Divorce Act applies.