Terminology Formalities

Question 1

Ex officio

Answer 1

1) By reason of the office a person holds.
2) E.g. a magistrate is an ex officio marriage officer by virtue of his position and need NOT apply for
authorization to act as a marriage officer

Question 2

Secular

Answer 2

Worldly, material, non-spiritual, not religious, of the state (not the church)

Question 3

Solemnization

Answer 3

Conducting the ceremony during which parties enter into a marriage.

Question 4

Ratification

Answer 4

Consent after the fact

Question 5

Valid marriage

Answer 5

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

Question 6

Void Marriage

Answer 6

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 7

Voidable Marriage

Answer 7

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 8

Annulment

Answer 8

1) An order of court which sets the marriage aside.
2) Can be granted on grounds that existed AT THE TIME OF conclusion of the marriage.
3) An annulled marriage is erased with retrospective effect.
4) It will be as if the marriage existed (apart from a few exceptions)

Question 9

Divorce

Answer 9

An order of court that terminates a marriage.
Can be granted on grounds that arise AFTER conclusion of the marriage.

Question 10

Putative Marriage

Answer 10

A void marriage where one or both of the parties were bona fide unaware that the marriage is void
(one or both of the parties thought they had concluded a valid marriage)

Question 11

Due solemnization

Answer 11

The marriage must have been duly solemnized, meaning that the formalities requirement must have
been complied with

Question 12

Patrimonial consequences

Answer 12

Financial consequences, how the estate(s) should be divided.