key to the study guide - Name

Adoptive parent and
adopted child
Prohibited degrees
of relationship
On page 31 of the textbook it is stated that a child may not marry the
person who adopted him or her.
Certain people may not marry because they are too closely related to each
other. Students often find it difficult to understand this section of the work
set out on pages 32±34 of the textbook. We therefore discuss it separately
in some detail below under ``Problem area''.
Guardian and ward A guardian and his or her ward (ie the minor under his or her
guardianship) may marry each other only if the High Court consents to
this. Your prescribed textbook on pages 34±35 explains what the
consequences of the marriage would be if the necessary consent was not
obtained.
Prohibition of
mixed marriages
Formalities
during ceremony
48
While the Prohibition of Mixed Marriages Act 55 of 1949 still existed, socalled
``whites'' were prohibited from marrying persons of other races. This
Act was repealed in 1985 but all mixed marriages entered into before the
repeal were not automatically validated. Your textbook on page 35
explains how validation can be obtained.
2.4 The prescribed formalities
The final requirement for a marriage to be valid is that the prescribed
formalities must have been complied with. Please note again that you only
have to read the sections ``3.5.1 Marriage Officers'' and ``3.5.2
Formalities preceding the marriage ceremony'' on pages 35±37 in
the textbook. The third aspect, namely formalities to be observed during
the marriage ceremony has, however, to be studied. When you study pages
37±39 in the textbook, you will see that they relate to personal presence of
the groom and bride at the ceremony (ie marriage by proxy is not
permitted), the time and place of the wedding, witnesses and the marriage
formula. In respect of the venue where the wedding may take place, please
study Ex parte Dow in the textbook on page 38. When studying the
decision in the Dow case it should be remembered that, at present, the
decision applies only in the Durban and Coast division of the High Court.
ACTIVITY
Study the case Ex parte Dow as it is discussed in your prescribed textbook
and then answer the following questions:
(1) Which legal requirement for the conclusion of a valid marriage was at
issue in this case?
(2) What are the facts of this case?
(3) WhichsectionofwhichActwasinterpretedinthiscase?
(4) What does this section provide?
(5) What is the purpose of this section?
(6) Why is this decision to be welcomed?