Civil marriage

Question 1

What is a civil marriage?

Answer 1

A voluntary union entered into by one man and one woman who have the necessary legal capacity and who are competent to marry (and to marry one another), which union is legally recognised and has been concluded in terms of the Marriage Act 25 of 1961.

Question 2

Which act recognize civil marriage?

Answer 2

Marriages Act 25 of 1961

Question 3

What are the legal requirements for a valid marriage?

Answer 3

1. Full capacity
2. Consensus
3. Must be competent to marry one another
4. Prescribed formalities of the wedding ceremony.

Question 4

Why can a marriage not be regarded as a contract in the strict sense of the word?

Answer 4

A marriage can’t be seen as a contract in the strict sense because it’s not just about an exchange of things like money or goods — it’s about a personal, emotional, and lifelong relationship between two people.

Question 5

Which cases discuss the difference between contract and a wedding?

Answer 5

Carter v Carter 1953 (1) SA 202 (A), and

Holland v Holland 1973 (1) SA 897 (T).