Questions and Answers
What determines whether a marriage is treated as having been in community of property when only one party is bona fide?
According to Zulu v Zulu, what makes it impossible to create a joint estate in a putative marriage?
What happens if parties to a putative marriage entered into an antenuptial contract excluding community of property?
What must the mala fide party do regarding benefits received in terms of an antenuptial contract?
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In what situation are no matrimonial property systems effective in a marriage?
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What implied condition allows a putative marriage to be recognized if one party is bona fide?
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What may a bona fide party enforce in a putative marriage with an antenuptial contract?
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What is a potential consequence if one party is in a valid civil marriage while entering a putative marriage?
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What general principle governs the property rights of a bona fide party in a putative marriage situation?
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What can be inferred about the relationship between bona fide parties in the context presented?
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Study Notes
Void and Voidable Marriages
- A civil marriage may be void if one party is already married, in a customary marriage, or in a civil union.
- Courts should interpret formal marriage requirements in favor of marriage, allowing flexibility in definitions unless a material requirement is unmet.
- Material formalities include party identification, consensus existence, and state/community participation, whereas non-material formalities govern the ceremony's conduct.
Conditions for a Void Marriage
- A marriage is considered void if:
- Parties are related within prohibited degrees of relationship.
- One party is below the age of puberty.
- One party is mentally ill.
Consequences of a Void Marriage
- A civil marriage void from the outset (ab initio) does not confer marital status or rights to the parties or their children.
- No duty of support, shared matrimonial property, or intestate inheritance exists.
- Both parties are free to remarry or enter into other forms of union.
Legal Perspectives on Marriage Annulment
- Misrepresentation, such as fraud or mistake, may justify annulment.
- Debates exist regarding the treatment of “stuprum” (sexual infidelity) as grounds for annulment, with some scholars suggesting it violates equality and should be re-evaluated.
- Differences between divorce and annulment include financial consequences, with annulment not triggering property division or maintenance obligations.
Issues of Fraud and Impotence
- In marriage annulment cases involving impotence or sterility, the mere fact of inability to conceive, or concealment thereof, impacts the nullity claim.
- The legal discourse challenges traditional views by affirming that procreative capability shouldn't define marriage.
Property Systems in Void Marriages
- The presence of an existing valid marriage can inhibit property rights in putative marriages.
- Antenuptial agreements may dictate the property framework for bona fide parties, restricting any claims to benefits for mala fide parties.
- In cases of a putative marriage while one party is still married, no joint property estate can be created due to the legal constraints of the valid marriage.
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Description
Test your knowledge on the complexities of void and voidable marriages. This quiz covers the conditions under which a marriage can be considered void, the consequences it bears, and the interpretation of marriage requirements. Explore the legal nuances that define marital status and rights.
