Terminology Consensus

Question 1

Consensus

Answer 1

1) Reaching agreement on essential aspects of the
contract.

2) Meeting of the minds

Question 2

Valid Marriage

Answer 2

A marriage that complies with all of the validity requirements for that marriage

Question 2

Mistakes

Answer 2

1) A party is mistaken about essential or non-essential aspects of the agreement.

2) Agreement was reached based on a false assumption.

3) May have an effect on the validity of the marriage.

Question 3

Duress

Answer 3

1) There was consensus at the time of conclusion of the marriage, but the consensus was not obtained
voluntarily.

2) May have an effect on the validity of the marriage.

Question 4

Void Marriage

Answer 4

1) A marriage where one or more of the validity requirements have not been complied with.

2) Marriage never comes into existence.
Marriage is void ab initio (from the beginning)

Question 5

Voidable Marriage

Answer 5

A valid marriage that can be annulled or set aside on application by either of the spouses because of some or other deficiency at the conclusion of the marriage

Question 6

Annulment

Answer 6

1) An order of court which sets the marriage aside.

2) An annulled marriage is erased with retrospective effect

Question 7

Marriage of convenience

Answer 7

1) Marriage concluded for a purpose other than leading an authentic marital life,

2) Such as a marriage
concluded for the sole purpose of obtaining residency in South Africa

Question 8

Sham marriage

Answer 8

1) A marriage that is void because it was never validly concluded.

2) Also called a bogus or fake marriage.