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Questions and Answers
What belief must at least one party hold for a marriage to be considered putative?
What formalities must a marriage fulfill to be classified as putative?
How are children born from a putative marriage regarded legally?
What happens to the patrimonial consequences if no antenuptial contract is registered in a putative marriage?
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If a putative marriage is formed with an antenuptial contract, how are the patrimonial consequences determined?
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What does the term 'void' imply regarding a marriage?
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Which of the following is NOT a ground for nullity of a marriage?
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What is a consequence of a void marriage?
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Which condition can lead to a marriage being voidable?
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What defines a putative marriage?
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If a voidable marriage is not set aside, what is the outcome?
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Which of the following is a consequence of a void marriage?
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Which situation would render a marriage void due to prohibited relationship?
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Study Notes
Void Marriage
- A void marriage is considered to have never existed.
- It is null and void from the date it was entered into as if it never happened.
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Grounds for nullity:
- Marriage solemnised by a person who is not a marriage officer.
- A party to the marriage does not have the written consent of the Minister where it is applicable.
- No witnesses at the ceremony.
- Parties of the same sex (only in terms of the Marriage Act).
- A party is still married to another person.
- Parties are related to each other within the prohibited degree of relationship.
- A party is below the age of puberty.
- A party is mentally ill.
Consequences of a Void Marriage
- The status of the parties is not affected.
- Void marriages do not confer any consequences relating to a civil marriage on the parties or their children.
- A void marriage has none of the consequences of a valid civil marriage.
- An exception exists for a putative civil marriage.
- A delictual action may be instituted by the bona fide party to a void civil marriage against the other party to the void civil marriage.
Voidable Marriage
- A voidable marriage is valid until it is set aside by a court.
- Any party to the marriage can approach the court for an order declaring the marriage void.
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Grounds for setting aside a voidable marriage:
- Minority.
- Material mistake.
- Duress.
- Undue influence.
- Stuprum (rape or sexual assault).
- Impotence.
- Sterility.
Consequences of a Voidable Marriage
- If a voidable marriage is not set aside, it remains in force.
- A voidable marriage affects the status of the parties as long as such marriage persists.
Putative Marriage
- Definition: A putative marriage is where one or both of the parties believe in good faith that a valid marriage was concluded while being unaware of any defects which render the marriage void.
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Requirements:
- One or both of the parties must have believed (in good faith) that the void marriage was valid.
- The marriage should have been solemnised in accordance with the formalities that would normally result in a valid marriage.
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Consequences:
- Children born of a putative marriage are considered to be born in wedlock.
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Patrimonial consequences:
- If the parties were not married by an antenuptial contract, the patrimonial consequences are treated as being in community of property.
- If the parties registered an antenuptial contract, the patrimonial consequences will be regulated by the antenuptial contract.
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Description
Explore the concept of void marriage and its implications through this quiz. Learn about the grounds for nullity and the consequences that arise from a void marriage. Test your understanding of the legal ramifications of such marriages.
