key to the study guide - Name

ACTIVITY
Compile a table to indicate the distinction between void and voidable
marriages.
FEEDBACK
VOID MARRIAGE VOIDABLE MARRIAGE
A void marriage never comes into
existence (it is void ab initio).
Subject to certain statutory and common-law
qualifications,* a void marriage
does not have the legal
consequences of a valid marriage.
This entails, inter alia, the following:
Ð status of the parties: unmarried
Ð children born/conceived during the
marriage: illegitimate
For purposes of legal certainty a void
marriage should be declared void by
the court. The order is merely declaratory
A voidable marriage remains in force
until it is dissolved by a court order.
A voidable marriage has all the normal
consequences of a valid marriage.
This entails, inter alia, the following:
Ð status of parties: married
Ð children born/conceived during the
marriage: legitimate
A voidable marriage must be annulled
by a court order. The decree is
compulsory
* Statutory qualifications: sections 6 and 26(1) of the Marriage Act 25 of 1961.
See the discussion of these sections at the top of page 42 in your textbook.
Common-law qualifications: putative marriage. See the discussion below.
3 PUTATIVE MARRIAGES
3.1 The definition of a putative marriage
In certain circumstances a void marriage can also be a putative marriage.
Read the section which deals with the definition of putative marriage on
page 46 of your prescribed textbook.
ACTIVITY
Indicate when a void marriage will also be a putative marriage.
FEEDBACK
This will happen where, at the time of entering into the marriage, one or
both parties were unaware of the defect which renders their marriage void,
and believed in good faith that they were lawfully married.
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