Void Marriage Overview

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.
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.
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.
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.
Consequences:
- Children born of a putative marriage are considered to be born in wedlock.
- 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.

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.