PVL2601 ASSIGNMENT 02 ANSWERS Semester 2 2024
PVL2601: ASSIGNMENT 2 2024/2
Question 1
For the past ten years, Ben has known that he is sterile. As Mary has repeatedly told Ben that she wants children, Ben fears that Mary will not want marry him if he tells her about his sterility. A year after...
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, PVL2601: ASSIGNMENT 2 2024/2
Question 1
For the past ten years, Ben has known that he is sterile. As Mary has
repeatedly told Ben that she wants children, Ben fears that Mary will not want
marry him if he tells her about his sterility. A year after the wedding, Ben tells
Mary that he is sterile. Mary tells Ben that she would never have married him
had she known that he was sterile.
(a) Explain the meaning term of “voidable civil marriage”. (2)
Voidable civil marriage is a marriage which, with certain facts existing at the time of
marriage or subsequently, can be annulled by the instance of the party who desires
it. However, there is a difference between a void marriage and a voidable one. The
void marriage is completely invalid and has no legal effect and it does not exist at all.
A voidable marriage is a legal and binding marriage until the court declares it null
and void. This in effect means that all legal consequences of the marriage are still
permissible until the marriage is dissolved by an order of the court. If the marriage is
not annulled, it remains a marriage with all the legal implications of a marriage. 1
(b) Name seven grounds on which a voidable marriage can be set aside. (7)
The grounds on which a voidable civil marriage can be annulled include the
following:
1. Minority:
In cases where one of the spouses is a minor and has failed to acquire the consent
of the parents or the legal guardian or the Children’s Court as is required under
section 24A(1) of the Marriage Act.2
2. Material Mistake
If one or both spouses entertained a material mistake regarding the identity of the
other party or the character of the juristic act which constituted the marriage, then
there is no agreement between the parties which makes the marriage voidable. 3
1
Heaton J and Kruger H South African Family Law (4th edn, 2015) 34.
2
Heaton J and Kruger H South African Family Law (4th edn, 2015) 34.
3
Heaton J and Kruger H South African Family Law (4th edn, 2015) 35.
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