Quiz

11 Questions

What are invariable consequences of a marriage?

Invariable consequences are the legal consequences that cannot be changed by the spouses and arise by operation of law at the moment the marriage is concluded. These include the change in the status of the spouses, the creation of a partnership for life, the reciprocal duty of support, and the right to reside in the matrimonial home.

What are variable consequences of a marriage?

Variable consequences are the legal consequences that can be chosen by the parties themselves within certain limits. These generally relate to the estates of the spouses and are discussed in more detail in Chapter 5.

What effects does the conclusion of a marriage have on the status of the spouses?

The conclusion of a marriage has the following effects on the status of the spouses: spouses are no longer able to enter into another marriage (except for a husband who is already in one or more customary marriages), impediments based on affinity take effect for civil marriages and civil unions, and spouses will inherit from each other if they die intestate while still married.

What mechanisms are available to enforce the duty of support between spouses?

Court order, Maintenance Act, Maintenance pendente lite, Common law remedies

Under what circumstances can a claim for arrear maintenance be made under the Maintenance Act?

While the marriage is still in existence and no divorce action is pending

What is the capacity to bind the other spouse when purchasing household necessaries?

The capacity to bind the other spouse when purchasing household necessaries is closely linked to the duty of support between spouses but is a distinguishable aspect of the tangible component of consortium

What are the exceptions to the right of occupation of the matrimonial home?

The right of occupation may be forfeited or suspended under certain circumstances, such as in cases of domestic violence

What is the meaning and content of consortium omnis vitae?

Consortium omnis vitae refers to the physical, moral, and spiritual community of life that is created between spouses upon marriage. It includes reciprocal obligations such as cohabitation, fidelity, and sexual intercourse.

How is consortium in the intangible sense enforced?

Consortium in the intangible sense cannot be directly enforced by spouses. A spouse can only seek divorce as a civil remedy if their consortium duties are neglected.

What is the general duty of support between spouses?

Spouses have a duty to support one another, which includes providing necessities such as food, clothing, medical treatment, accommodation, and payment of medical aid scheme membership premiums.

When does the duty of support between spouses end?

The duty of support between spouses ends when the marriage is dissolved, either by death or divorce. However, a new statutory duty of support may be created under certain circumstances, such as the Maintenance of Surviving Spouses Act or the Divorce Act.

Study Notes

Marriage Consequences

Invariable consequences of a marriage include the creation of a joint estate, the duty of support between spouses, and the right of occupation of the matrimonial home.

Duty of Support

The duty of support between spouses is a general duty, where each spouse is obliged to support the other financially.
The duty of support can be enforced through various mechanisms, including maintenance applications and attachments of debt.

Arrear Maintenance

A claim for arrear maintenance can be made under the Maintenance Act if one spouse has failed to comply with a maintenance order or agreement.

Capacity to Bind

When purchasing household necessaries, one spouse has the capacity to bind the other spouse, making them jointly and severally liable for the debt.

Right of Occupation

The right of occupation of the matrimonial home is a consequence of marriage, but exceptions exist, such as in cases of domestic violence or court orders limiting occupation.

Consortium Omnis Vitae

Consortium omnis vitae refers to the intangible sense of consortium, encompassing the love, companionship, and services of one spouse to the other.
The enforcement of consortium in the intangible sense is often difficult, but may be addressed through damages claims or specific performance orders.

Termination of Duty of Support

The duty of support between spouses ends upon divorce or the death of one spouse.

Test your knowledge on the legal consequences of marriage in Chapter 4. Discover the difference between invariable and variable consequences and understand the essential legal aspects of concluding a marriage.

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