life partnerships a

Question 1

define a void marriage

Answer 1

is a marriage the essentially, never came into existence. Therefore, the consequence of a void marriage is that the parties will be at the same position they were.

Question 2

what are the grounds for nullity, to render a marriage void

Answer 2

on the ground that there is a non-compliance with the formal or material requirements for a civil marriage.
a) examples of non-compliance with formal requirements
1. if a civil marriage is solemnised by someone who is not a competent marriage officer.
2. a minor below the age of puberty enters into a civil marriage, without having obtained the written consent of the minister of home affairs.
3. no witnesses are present at the civil marriage
b) examples of a civil marriage being void because of the material requirements not being met
1. same sex parties
2. one of the parties is already in a civil marriage or customary marriage, or civil union
3. the parties are related to one another, prohibited degrees of relationship
4. below the age of puberty
5. has no capacity to act

Question 3

what are the consequences of a void marriage

Answer 3

rendering a civil marriage void doesn’t affect the position or status of the parties. Or confer any legal consequences of a civil marriage on the parties of their children.
1. no matrimonial property system operates between the parties.
2. the reciprocal duty of support does not operate between the parties
3. the parties do not inherit intestate from one another
4. the parties are free to enter into another civil marriage, civil union, or customary marriage

Question 4

describe a putative marriage

Answer 4

a putative marriage exists when one of the parties, or both of the parties, enter in a civil marriage, in good faith. Without the knowledge that there is a defect, that renders the marriage void.

Question 5

what are the requirements of a putative marriage.

Answer 5

1. one or both of the parties were unaware of the defect
2. al, the formalities for the solemnisation of a civil marriage had been complied with- common law requirement
   significantly, there is academic dispute as to whether or not defects in form render a marriage putative. However, it is strongly suggested that defect in form should not render a marriage putative.

Question 6

describe the consequences of a putative marriage

Answer 6

for as long as one of the parties is bona fide, on reasonable grounds unaware of the defect. the void marriage has some legal consequences of a valid civil marriage.

Question 7

consequences on children born of a putative marriage

Answer 7

1. according to common law writers, children who are born of a putative marriage are born of married parents. Resulting in the parents having full parental responsibilities and rights in respect of the children.

Question 8

patrimonial consequences of a putative marriage

Answer 8

1. if both of the parties were bona fide, at the time entering into a putative marriage, and there was no antenuptial contract. The parties are treated as they were married under community of property.
2. if one party is bona fide, the marriage is regarded as community of property. If it is at the benefit of the wronged party.
3. if there entered into the marriage with community of property excluded, the marriage is out of community of property. Only if its in the interest of the wronged party.

Question 9

describe what is a voidable marriage

Answer 9

is a marriage, in which some of the grounds to a valid marriage were adhered to.

Question 10

when is a civil marriage voidable

Answer 10

1. minority
2. material mistake
3. duress
4. undue influence
5. stuprum
6. impotent
7. sterility