, PVL2601
Assignment 2
Semester 1 2024
Unique Nr. 212823
Due Date: 15 April 2024
Question 1
(a) Define a void marriage and a voidable marriage. (2)
ANS;
1. Void Marriage:
- A void marriage is one that is considered legally invalid from the outset, meaning it is
treated as if it never existed in the eyes of the law. Various factors can render a marriage void,
such as one or both parties being already married (bigamy), the marriage being prohibited by
law due to close blood relations (incest), or if the marriage violates certain legal requirements,
such as lack of consent or mental incapacity. In essence, a void marriage lacks legal
recognition and cannot be upheld or enforced by the legal system.
2. Voidable Marriage:
- A voidable marriage, on the other hand, is a marriage that is initially valid and legally
recognized, but it possesses some defect or condition that allows one or both parties to seek
annulment or voidance of the marriage through legal proceedings. Unlike void marriages,
voidable marriages are considered valid until a court declares them void or annulled. Reasons
for voidability can include fraud, coercion, incapacity (such as being underage or mentally
incompetent), or if consent was obtained under duress. However, it's important to note that if
the defect or condition giving rise to voidability is rectified or if both parties continue to live
together after the impediment is removed, the marriage may become validated and no longer
voidable.
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