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PVL2601 - 2. Marriage Requirements study guide
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PVL2601 - 2. Marriage RequirementsWhat are the Legal Requirements For The Conclusion Of A Valid Civil Marriage? - 1.
Capacity to act
2. Consensus
3. Marriage must be lawful
4. Formalities must be complied with
Definition - Marriage is traditionally defined as the legally recognized lifelong voluntary
union between two parties to the exclusion of all others.
Capacity to act - mentally ill persons can't unless during lucid interval.
Infant (children below age of 7) do not have the capacity to act. Girls below 12 & boys
under 15 cannot marry - puberty.
Prodigals may marry without consent.
Lawfulness - A marriage is not valid unless it is lawful for the parties to marry.
Consensus - forms the basis of & is fundamental requirement for entering into a
marriage. Both parties must have the will to marry each other. Error in persona & error
in negotio are the only forms of material mistakes recognized in connection with
marriage.
Misrepresentation - if one party misleads another prior to marriage by making false
statements or creating a false impression by concealing information which should have
been divulged & thereby persuades the other to enter into marriage, marriage is
voidable if misrepresentation was of a serious nature.
What is Consanguinity? - Persons within the prohibited degrees of relationship - our law
prohibits marriage between persons within certain degrees of relationship. Marriages
entered into in conflict with this prohibition are void.
What Relationships are Prohibited? - 1. Consanguinity - relationship created by birth -
irrelevant if legitimate or illegitimate (blood relationship) - direct line - your parents, your
children.
2. Consanguinity (blood relationship)- collateral line - your brothers ,sisters,
nephews ,nieces & cousins
3. Affinity - relationship that comes into place by marriage & blood relations of spouses
(relationship by marriage) - direct line - your parents in law, your step children
4. Affinity (relationship by marriage) - collateral line - your sister in law , brother in law
5. Ascendants - your grandparents, your parents
6. Descendants - your children, your grandchildren
What Blood Lines are Prohibited? - 1. Cousins may marry each other.
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