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2 THE INSTANCES IN WHICH A MINOR REQUIRES NO CONSENT TO
MARRY
On pages 23±24 of the textbook it is explained that there are two
instances in which a minor requires no consent to marry, namely
(1) where a minor has been married before
(2) where a person under 21 years of age has been declared a major.
3 THE EFFECT OF ABSENCE OF THE NECESSARY CONSENT
On pages 24±27 your prescribed textbook discusses the consequences of
lack of consent on the validity of the marriage and the patrimonial
consequences of the marriage. You do not have to study the last two
paragraphs of this discussion (ie, the last two paragraphs on pp 26±27 of
the prescribed textbook on the validity of an informal antenuptial contract
and the Perpetual Edict 1540).
Validity of marriage In respect of the discussion on the validity of the marriage on page 24,
note that section 24A of the Marriage Act 25 of 1961 provides that a
minor's marriage is not void merely because the necessary consent was not
obtained. However, a competent court may dissolve the marriage on the
ground of lack of consent on application by the parents or guardian of the
minor or the minor himself or herself within certain periods. You must
know what these periods are.
Patrimonial consequences
Where marriage is
dissolved
Where marriage is
not dissolved
In respect of the discussion on pages 24±26, on the patrimonial
consequences of a marriage concluded without the necessary consent you
must firstly distinguish between cases where the marriage is dissolved on
the ground of lack of consent and those where the marriage is not
dissolved.
Where the marriage is dissolved on the ground of lack of consent, the
court can make an order with regard to the division of the matrimonial
property of the spouses as it deems just. In this regard you should look at
the discussion of section 24(1) of the Matrimonial Property Act 88 of 1984
on pages 24±25 in your prescribed textbook.
Where the marriage is not dissolved, section 24(2) of the Matrimonial
Property Act 88 of 1984 only expressly makes provision for the following
two possibilities:
(1) If the parties have not entered into an antenuptial contract,
community of property applies.
(2) If the parties entered into an antenuptial contract in which the accrual
system was not excluded, the antenuptial contract is valid.
Section 24(2) does not expressly provide for an antenuptial contract in
which the accrual system is excluded. If the parties do enter into such an
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