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42 marriage itself. First of all you have to know that a marriage is valid only if certain legal requirements are met. This study unit explains what these requirements are. LEARNING OUTCOMES The purpose of this study unit is to enable you to (1) define the concept of marriage (2) list the legal requirements for a valid marriage (3) explain the factors which have an influence on each of the requirements for a valid marriage (4) explain how each factor influences the requirements for a valid marriage PRESCRIBED MATTER Read . Prescribed textbook 35±37 ``3.5.1 Marriage officers'' and ``3.5.2 Formalities preceding the marriage ceremony'' Study . Prescribed textbook 17±19, 28 (from ``3.3 Consensus'') ± 35, 37 (from ``3.5.3 Formalities during the marriage ceremony'') ± 39 CONTENT OF THIS STUDY UNIT 1 DEFINITION OF MARRIAGE Before studying the legal requirements for a valid marriage, you must know what a marriage is and be able to define or describe it. ACTIVITY Study the traditional definition of marriage on page 17 of your prescribed textbook and then complete the paragraph below by filling in the missing words. Marriage is traditionally defined as the legally recognised life-long ............. 1 union between one ........... 2 and ............ 3 woman to the ............. 4 of all other persons.
Marriageisnota contract Minor's marriage FEEDBACK The words you had to fill in are the following: 1 voluntary 2 man 3 one 4 exclusion You should note that although marriage may look a lot like a contract it is not a contract. 2 REQUIREMENTS FOR A VALID MARRIAGE It is very important that you study pages 17±19 and 28±35 of your prescribed textbook on what is required for a valid marriage to come into existence. If the requirements are not met the marriage is not valid. ACTIVITY Read the main headings in chapter 3 of your prescribed textbook and then list the four legal requirements for a valid marriage. FEEDBACK The following four points should have been included in your list: (1) capacitytoact (2) consensus (agreement) (3) the marriage must be lawful (4) the prescribed formalities must be complied with 2.1 Capacity to act In respect of the first requirement, capacity to act, you should note that some persons are totally incapable of marrying because they have no capacity to act. They include infantes (iechildrenbelowtheageof7)and mentally ill persons. Certain people may marry but only with the consent of certain other persons. The most important example of the latter class of persons is that of minor children (ie children between 7 and 21 years). Although minors under the age of puberty (12 years for girls and 14 years for boys) may conclude various legal transactions with the assistance of their parents, they are totally incapable of entering into a marriage. A girl under the age of 12 and a boy under the age of 14 are therefore absolutely incompetent to marry. The marriage of a minor is such a complicated matter that we have decided to discuss it in a separate study unit (study 43
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# 2000 University of South Africa R
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
Page 17 and 18: ad litem for the case or suit affid
Page 19 and 20: descendants your descendants are th
Page 21 and 22: legislation things like Acts, procl
Page 23 and 24: e in connection with or in the case
Page 25: void marriage a marriage which has
Page 28 and 29: 2 SECTION I Introduction to family
Page 30 and 31: 4 STUDY UNIT 1 In preparation MODUL
Page 32 and 33: Order in which authoritative source
Page 34 and 35: 8 South Eastern Cape local division
Page 36 and 37: 10 without qualification. Where a p
Page 38 and 39: 12 2.4 The magistrates' courts and
Page 40 and 41: 14 STUDY UNIT 2 Content of family l
Page 42 and 43: Wide and narrow meaning 16 branches
Page 44 and 45: 18 STUDY UNIT 3 Historical overview
Page 46 and 47: 20 HAVE YOU READ THE ``KEY TO THE S
Page 48 and 49: 22 Engagement SECTION II Marriage l
Page 50 and 51: 24 Engagement STUDY UNIT 4 The enga
Page 52 and 53: Distinction between engagement and
Page 54 and 55: 28 in the missing words. The words
Page 56 and 57: ACTIVITY This activity tests your u
Page 58 and 59: Lawfulness and possibility Finalisa
Page 60 and 61: ACTIVITY On page 12 of your prescri
Page 62 and 63: 36 engagement, the courts calculate
Page 64 and 65: Action on ground of seduction 38 FE
Page 66 and 67: 40 fallen in love with another woma
Page 70 and 71: Prodigal Insane person Person place
Page 72 and 73: had been so threatened and assaulte
Page 74 and 75: Adoptive parent and adopted child P
Page 76 and 77: Common ancestor prospective spouses
Page 78 and 79: Blood relatives in direct line Bloo
Page 80 and 81: 54 (2) (a) T is related to Mr A wit
Page 82 and 83: 56 QUESTIONS NB: Make sure that you
Page 84 and 85: Engagement STUDY UNIT 6 The civil m
Page 86 and 87: 60 INSTANCES PERSON/PERSONS/AUTHORI
Page 88 and 89: 62 antenuptial contract, the questi
Page 90 and 91: 64 (2) Whose consent is needed if a
Page 92 and 93: 66 LEARNING OUTCOMES The purpose of
Page 94 and 95: (3) When only can a man apply for t
Page 96 and 97: 70 ACTIVITY Place each of the follo
Page 98 and 99: Legitimacy of a child born of a put
Page 100 and 101: 74 Engagement STUDY UNIT 8 The inva
Page 102 and 103: Variable versus invariableconsequen
Page 104 and 105: Maintenance = support Meaning of ``
Page 106 and 107: Requirements for capacity Terminati
Page 108 and 109: Revocation or limitation of the cap
Page 110 and 111: 84 FEEDBACK This statement is false
Page 112 and 113: 86 (16) Discuss the concept ``house
Page 115 and 116: Matrimonial property law Section II
Page 117 and 118: OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
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Debts incurred during the subsisten
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QUESTIONS NB: Make sure that you ca
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Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
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The accrual in Mr X's estate is cal
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suffered and/or still suffers, and
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
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154 (3) the standard of living of t
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. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
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Special rules You must also note th
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166 (15) How do the provisions of s
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168 Now that you know what the grou
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Scope of provisions Lastly, you sho
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172 STUDY UNIT 17 Forfeiture of pat
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Undue benefit Justness and fairness
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176 marriage out of community of pr
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Prerequisites Prerequisite that spo
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4 OTHER CONSIDERATIONS THE COURT TA
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Equal distribution between spouses
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186 (1) the order's source of law (
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188 . Form of a redistribution orde
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190 LEARNING OUTCOMES The purpose o
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Factors Weight attached to factors
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194 FEEDBACK (1) Mrs Kahn will prob
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Dum casta clause party in whose fav
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198 PRINCIPLE CASE NAME (4) The app
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200 . Waiver of the right to claim
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202 LEARNING OUTCOMES After studyin
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Definition of guardianship Awarding
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Mother as custodial parent Your tex
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Custody to a third party In the sec
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210 made a restrictive order simila
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212 . Access (16) What does the con
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214 LEARNING OUTCOMES The purpose o
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Limitation on publication Exception
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218 SUMMARY In this study unit you
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Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
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Position before commencement of the
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Ground for divorce Patrimonial cons
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Customary law part of culture Custo
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232 . Registration of the marriage
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234 . how a customary marriage can
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236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
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240 surviving spouse in a monogamou
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242 and Muslim marriages constitute
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Life partnerships Section VII
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STUDY UNIT 24 Life partnerships MOD
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2 GENERAL The general rule of our l
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espectively, certain job-related be
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. Definition (1) What is a life par
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256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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