PVL2601 EXAM PACK JUNE 2015 SECTION A 1 2 2 3 3 2 4 1 5 2 6 4 7 3 8 2 9 1 10 1 3 14 3 15 2 SECTION B 1. A putative marriage is when, at the time of the conclusion of the marriage, there is a defect which renders it void, but one or both of the spouses were una...
1. A putative marriage is when, at the time of the conclusion of the marriage, there is a defect which
renders it void, but one or both of the spouses were unaware of this defect. However, it has
some of the consequences of a valid civil marriage for as long as at least one of the parties is
bona fide.
The court cannot declare a putative marriage valid.
As Mr and Mrs Green were married without an ante nuptial contract and Mrs Green was only the
bona fide party, the marriage will be treated as having been in community of property or rather as
having been a universal partnership if this is to the advantage of the bona fide party (Mrs Green).
However, in terms of the decision in Zulu v Zulu, these rules do not apply if the putative marriage
was concluded while either of the parties was a spouse in an existing, valid civil marriage in
community of property. In such an event, the pre-existence of the valid civil marriage in community
of property makes the creation of the joint estate between the parties to the putative marriage
impossible, as all of the assets of the party who is a spouse in the valid civil marriage fall into the
joint estate which exists between him and his spouse in the valid civil marriage. The only claim
that the applicant could have against the estate of the deceased is a claim for damaged and is
therefore all that Mrs Green will be able to claim from Mr Green’s deceased estate. QUESTION
2
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