Validity Requirement for Marriage

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What are the three types of marital institutions recognized by South African law?

The three types of marital institutions recognized by South African law are civil marriage, civil union, and customary marriage.

What is the difference between a civil law engagement and a customary law engagement?

A civil law engagement is an agreement between two parties to enter into a civil marriage or civil union, while a customary law engagement is specific to customary marriages.

Is a valid civil law engagement considered a binding agreement in South Africa?

Yes, a valid civil law engagement is regarded as a binding agreement in South Africa.

What is the minimum age for girls to marry according to the text?

12 years Signup and view all the answers

What is the minimum age for boys to marry according to the text?

14 years Signup and view all the answers

What are the additional consent requirements to protect minors in the Marriage Act and RCMA?

Consent by parents who have guardianship and any other appointed guardian Signup and view all the answers

Who can grant permission for a marriage if the parent, guardian, or presiding officer refuses to consent to a minor's marriage?

The high court Signup and view all the answers

What are the consequences of terminating an engagement in an especially hurtful manner?

The injured party may claim delictual damages, called satisfaction. Signup and view all the answers

What must a jilted fiancée show in order to succeed with the actio iniuriarum?

The manner of termination has infringed on his or her personality rights and the termination was meant to injure the slighted party. Signup and view all the answers

What are the requirements for a valid marriage?

The parties must reach consensus or agreement, have the capacity to act, the marriage must be lawful, and the prescribed formalities must be followed. Signup and view all the answers

What are the consequences of a void marriage?

There are no consequences, such as entitlement to maintenance or a share of matrimonial property. Signup and view all the answers

According to section 28(2) of the Constitution and the Children’s Act, what is paramount in every matter concerning a child?

The child's best interests. Signup and view all the answers

What is the provision in the Civil Union Act that prevents minors from concluding a civil union?

Both parties must be 18 or older. Signup and view all the answers

What is the potential conflict between the Civil Union Act and other laws?

The Civil Union Act conflicts with common law, the Marriage Act, and the RCMA. Signup and view all the answers

What is the proposed minimum age for all "protected" life partnerships according to the Bills by the SALRC?

18 without exception. Signup and view all the answers

What are the three key points that parties involved in a marriage must agree on for it to be considered valid?

They want to get married to each other, they are not mistaken about each other's identity, they agree on the type of marriage they want (civil, civil union, or customary). Signup and view all the answers

When can a marriage be considered voidable instead of completely void?

If the parties agreed to get married, but it was later discovered that the agreement was based on a false assumption, misrepresentation, or duress. Signup and view all the answers

What is the difference between annulment and divorce?

Annulment is granted based on circumstances present at the time of the marriage, while divorce is granted based on circumstances that developed after the marriage and caused it to break down irretrievably. Signup and view all the answers

What is the distinction between marriages of convenience and bogus or sham marriages?

Marriages of convenience are formally valid, while bogus or sham marriages are considered void or entirely fictitious. Signup and view all the answers