What is a voidable marriage in South Africa?

Examples of a voidable marriage include a marriage: by a minor without the consent of his or her guardian; concluded under duress or by fraud or error; and. by someone impotent at the time of the marriage.

What is an example of a voidable marriage?

Examples of voidable marriages include those in which a party was incompetent at the time or marriage or a marriage made under fraud or duress. Recent case law also determined that a marriage that did not conform to statutory licensing requirements was voidable rather than simply void.

What is meant by voidable marriage?

A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.

What are the grounds for a voidable marriage?

Grounds For Declaring Marriages Voidable

  • the marriage has not been consummated owing to the willful refusal of the respondent to consummate it; or.
  • at the time of the marriage, either party to the marriage was of unsound mind or subject to recurrent attacks of insanity; or.
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What makes a marriage invalid in South Africa?

Unions between those who are underage or have been declared mentally insane at the time of the marriage. Marriages that were entered into under fraudulent conditions by one of the couple. Ceremonies that were conducted by someone who isn’t recognised under South African law as being able to preside over a wedding.

What is voidable marriage in family law?

Voidable Marriages (Section 12) A marriage is voidable on either side of the party is known as voidable marriage. … This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955. The parties of such marriage have to decide whether they want to go with such marriage or make it invalid.

What happens if a marriage is voidable?

If the marriage is voidable, then the children are the rightful and lawful (‘legitimate’) children of the marriage even after the Nullity Decree has been granted.

When can a marriage be voidable?

Strictly speaking, a voidable marriage is a valid one, yet if any of the proper parties files a petition for its annulment based on recognized grounds, the marriage can be invalidated.

What does voidable mean in law?

What Is a Voidable Contract? A voidable contract is a formal agreement between two parties that may be rendered unenforceable for any number of legal reasons, which may include: Failure by one or both parties to disclose a material fact. A mistake, misrepresentation, or fraud.

When can a marriage be declared voidable?

Voidable marriage

A marriage is voidable if it can be ‘cancelled’ on the application of one of the spouses for a specified reason as set out in section 12 of the MCA. For instance: One party may be unable to consummate the marriage, or has refused to do so. One of the parties lacked consent.

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Can a voidable marriage be set aside by the court?

A court will set aside a marriage as voidable in any of the following circumstances: The wife was pregnant with the child of another man at the time of marriage; Impotence or sterility. Duress or intimidation (where one party forces the other into the marriage);

What is the difference between a void marriage and voidable marriage?

A void marriage is one that is considered inexistent from the start, as if no marriage transpired between the couple. A voidable marriage is one that is valid until it is declared annulled by the courts.

What is the distinction between a voidable and a void marriage?

Void marriages are distinct from those marriages that can be canceled at the option of one of the parties, but otherwise remain valid. Such a marriage is voidable, meaning that it is subject to cancellation through annulment if contested in court.

How do you end an unregistered marriage?

The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.

How do I divorce an unregistered marriage?

Even if the marriage is not registered, you have to seek divorce by filing a divorce petition before the family court. She can claim maintenance from her husband if she is not able to maintain herself.

What happens if a customary marriage is not registered?

The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.

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