key to the study guide - Name

Blood relatives in
direct line
Blood relatives in
collateral line
Affinity in direct
line
Affinity in collateral
line
52
2 Prohibitions
You also have to know which persons are related to each other within the
prohibited degrees of relationship and therefore prohibited from marrying
each other. Although you should know that the legal rules which regulate
this matter can be found in the Marriage Act and Political Ordinance you
do not have to know the legislation itself. You therefore need not refer to
authority should you get a question in the assignment or the examination
dealing with the prohibited degrees of relationship. However, if you study
the four rules set out below and can apply them to factual situations, you
should be able to answer almost any question on this issue in the
assignment or in the examination.
Rule 1: Blood relatives in the direct line may not marry.
In terms of this rule, you may never marry your ascendants or descendants.
You may thus not marry one of your parents, grandparents, children or
grandchildren.
Rule 2: Blood relatives in the collateral line may not marry if either
of them is related to their common ancestor(s) within the first
degree or generation.
Thus, in terms of this rule, you may not marry your brother or sister or any
of their children or grandchildren because you are related within the first
degree to the common ancestors: that is, your parents and your brother's
or sister's parents are the same people.
Note that this rule does not prohibit you from marrying your cousin. The
reason for this is that although you and your cousin are blood relatives in
the collateral line, neither you nor your cousin is related to the common
ancestor(s) (ie your grandparents and your cousin's grandparents are the
same people) within the first degree. You and your cousin are related to the
common ancestor(s) within the second degree.
Rule 3: Persons related to each other by affinity in the direct line may
not marry.
In terms of this rule, you may not marry your ex-spouse's blood relatives in
the direct line. A marriage between you and your ex-spouse's mother or
father (ie your parents-in-law) or your ex-spouse's child born from a
previous or subsequent marriage is therefore prohibited.
Rule 4: Persons related to each other by affinity in the collateral line
are allowed to marry.
In terms of this rule, you may marry your ex-spouse's brother or sister (ie
your brother-in-law or sister-in-law), or cousin, niece or nephew.