Summary Family Law: LAWS1013 Topic 5 Guide with South African Marriages and Intimate Relationships
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Course
Family Law (LAWS1013A)
Institution
University Of The Witwatersrand (wits)
Explore the intricate landscape of South African marriages and their legal consequences with our comprehensive study guide tailored for LLB, BA Law, and BCom Law students. Delve into the nuances of South African marriage laws, gaining a thorough understanding of their implications on individuals an...
, Topic 5 Overview
This topic provides an overview of the different forms of marriage in South
Africa and the legal consequences, rights and responsibilities which they entail.
It shows how the South African legal system continues to distinguish between
different forms of marriage and between married and unmarried intimate
relationships.
At the end of this section you should be able to discuss and explain the
different forms of intimate partnerships described below. You should also be
able to identify and apply the legal rules about the requirements for and
invariable consequences of civil marriage to a simple legal problem, using the
IPAC method.
Requirements for valid civil marriage and civil unions
Capacity to marry
Consensus: voluntary informed consent
Prescribed formalities
Sex of the spouses
Valid, void, voidable and putative marriages
Consequences of marriages
Personal consequences
The consortium omnis vitae
Reciprocal duty of spousal support
Managing the common household: household necessaries
Marital status
Rights to intestate succession
Rights to claim in terms of the Maintenance of Surviving Spouses
Act
Rights to institute third party claims for loss of support
Financial consequences
Different South African marriages and unmarried relationships
Topic 5 Overview 1
, Unmarried intimate relationships
Religious marriages which are not also civil marriages
Religious marriages which are also civil marriages
Civil marriages
Civil unions
Customary marriages
Civil marriages and civil unions
Skills:
Reading and understanding the implications of cases
Problem solving
Sources:
Law of Persons and the Family, Barratt et al part 2: chapters 5, 6, 7, 15
Notes: SA Marrriages and Unmarried Relationships (available on Ulwazi)
Diagram of Legally Recognised Intimate Relationships in South Africa
(available on Ulwazi)
KOS v Minister of Home Affairs and Others 2017 6 SA 588 (WCC)
Topic 5 Overview 2
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