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66 LEARNING OUTCOMES The purpose of this study unit is to enable you to (1) distinguish between void and voidable marriages (2) list the grounds for nullity of marriage and identify the cases that resort under each ground (3) discuss the consequences of a void marriage (4) list and explain the grounds for setting aside a voidable marriage (5) discuss the consequences of a voidable marriage (6) explain the nature of a putative marriage (7) discuss the requirements for a putative marriage (8) discuss the consequences of a putative marriage PRESCRIBED MATTER Study . Prescribed textbook 41±48 . Moola v Aulsebrook in your prescribed casebook 60±63 . Solomons v Abrams in your prescribed casebook 64±66 CONTENT OF THIS STUDY UNIT 1 VOID MARRIAGES 1.1 The definition of a void marriage Studythedefinitionofavoidmarriageonpage41ofyourprescribed textbook. 1.2 The grounds for nullity There are two grounds for nullity of a marriage which are discussed in your textbook on page 41, namely (1) non-compliance with the formal requirements for a valid marriage (2) non-compliance with the material requirements for a valid marriage You must ensure that you know, and are able to identify, all the cases which resort under each of these grounds.
1.3 The consequences of a void marriage A void marriage does not have the legal consequences of a valid marriage, and therefore a court order declaring the marriage void is not essential. You must know the consequences of a void marriage as they are explained on page 42 of your prescribed textbook. 2 VOIDABLE MARRIAGES 2.1 The definition of a voidable marriage On page 42 of your prescribed textbook a voidable marriage is defined as a marriage which can be set aside by the court on the basis of grounds which are present before the wedding, or after. You must know the definition. 2.2 The grounds for setting aside a voidable marriage Five grounds for voidability of a marriage are discussed in your prescribed textbook on pages 42±45, namely (1) minority (2) stuprum (3) material mistake (4) impotence (5) sterility Minority The first ground has already been discussed in study unit 6. Note once again that the marriage of a minor, entered into without the necessary consent, is not void but voidable at the request of the parents or guardian of the minor, or at the request of the minor himself or herself. Study again the section in the textbook on page 24 which deals with the effect of the failure to obtain the necessary consent on the validity of the marriage of a minor. Stuprum In respect of the discussion on stuprum, it is important to note that a man can apply for the annulment of his marriage only where his wife was pregnant with another man's child at the time of entering into marriage. ACTIVITY Read the section on pages 43±44 of your prescribed textbook which deals with stuprum and then answer the following questions: (1) Indicate whether the following statement is true or false: Extra-marital intercourse with a third party before the marriage normally does not affect the validity of the marriage. (2) Give a definition of stuprum. 67
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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
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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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 68 and 69: 42 marriage itself. First of all yo
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
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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 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
Page 119 and 120: Primary matrimonial property system
Page 121 and 122: 3.1 Assets Joint assets In your pre
Page 123 and 124: Jacob also exchanges the tractor wh
Page 125 and 126: Attachment of separate assets FEEDB
Page 127 and 128: Debts incurred during the subsisten
Page 129 and 130: QUESTIONS NB: Make sure that you ca
Page 131 and 132: Marriage in community of property N
Page 133 and 134: Equal concurrent management Section
Page 135 and 136: lawfully since Mr Khumalo's written
Page 137 and 138: FEEDBACK CIRCUMSTANCES CONSEQUENCES
Page 139 and 140: Requirements: (a) The court should
Page 141 and 142: 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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Marriage in community of property N
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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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Marriage in community of property N
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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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