void, voidable and annulment of marriage (EXAMINABLE) Flashcards
void
prov
9 things
5 conseq
decree?
s.11 - ELEMENTS THAT AFFECT THE VALIDITY OF A MARRIAGE
- minimum age -s.4
- prohibited relation -s.10
- substiting marriage -s.9
- court order -s.25
- no consent - (valier v valier - nature of the ceremony, coercion etc)
- absenteeism
- the minister not authorised - the parties permitted
- party mistaken identity - militant v ogumwanju/// c v c ( not attributes)
- knowingly enter for fraudelent purposes
conseq: 5
1. status unchanged
2. free to enter other marriage
3. not matrimonial property rights
4. no spousal maintenance
5. financial consequences of a valid do not ensue.
decree of nullity
INVALID!!!!
voidable
effect? i case
prov
5 elements
decree?
s.12 - DOES NOT AFFECT THE VALIDITY OF THE MARRIAGE
effect: de reneville v de reneville - marriage is valid until either party takes step to have it voided
elements:
1. incapable of consummating since ceremony (impotence not infertile!!!) or insanity - s.50
2. failure to give notice of intention to marriage - s.25
3. notice of object given was not withdrawn or dismissed
4. officiator not lawfully entitled to
5. failure to register of marriage
decree of annulment - s.74
VALID = VOIDABLE
annulment (73-75)
- grounds (7)
-decree - effects - 1 case
- rights? any ? provision (3 things to consider)
who brings the petition?
ONE IMPORTANT CASE ON CAUTION WHEN GOING TO COURT
s.74 -within 1 year since ceremony . who is to present peition? the one harmed!
grounds: s.73
1. lack of consummation (df v PBS)
2. parties didn’t know prohibited relationshi[
3. substituting marriage
4. no consent
5. absenteeism
6. during the ceremony husband didnt know wife was not pregnant and its not the husband’s.
7. insanity
effects:
- OKN V MPN - not share or intention for the tenancy by entirety after the decree of annulment
- children - no effect
- no [privilege (s.75)
ex parte - s.73
rights: s.75
- does not render lawful what was not
-affect the competence of being a witness- no spouse privilege
- relieve the other person’s debt incurred on behalf of the other
GM V HMG: has asked for a decree of nullity and divorce as the alternative court allowed divorce under irretrievable breakdown!