void, voidable and annulment of marriage (EXAMINABLE)

Question 1

void

prov

9 things

5 conseq

decree?

Answer 1

s.11 - ELEMENTS THAT AFFECT THE VALIDITY OF A MARRIAGE

1. minimum age -s.4
2. prohibited relation -s.10
3. substiting marriage -s.9
4. court order -s.25
5. no consent - (valier v valier - nature of the ceremony, coercion etc)
6. absenteeism
7. the minister not authorised - the parties permitted
8. party mistaken identity - militant v ogumwanju/// c v c ( not attributes)
9. 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!!!!

Question 2

voidable
effect? i case

prov
5 elements
decree?

Answer 2

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 notice of object given was not withdrawn or dismissed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

Question 3

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

Answer 3

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!