FORMALITIES FOR MARRIAGES
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16 Terms
What are the three types of marriages recognized in South Africa?
Civil Marriage, Civil Union, and Customary Marriage.
Which Acts regulate the formalities of civil marriages in South Africa?
The Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006.
Can a person who is already in a civil marriage enter into a customary marriage?
No. A person already party to a civil marriage cannot enter into a customary marriage
Is there a limit on the number of customary marriages a husband may enter into?
No, but a court order regulating the future matrimonial property system must be obtained before entering into a further customary marriage.
According to the Marriage Act, between whom may a civil marriage be concluded?
Between a man and a woman.
What consent is required if a person is under 18 years old?
Consent of the parents or guardians.
Who must solemnize a marriage for it to be valid?
A legally appointed or authorized marriage officer.
Under what circumstances is the Minister of Home Affairs' consent required?
In certain circumstances provided for in Section 26(1) of the Marriage Act.
What happens if parents or the Minister refuse consent to a marriage?
The High Court, as upper guardian, may grant consent before a valid marriage can be entered into.
What is the age of majority according to Section 17 of the Children's Act 38 of 2005?
18 years.
Where must a marriage ceremony generally be conducted according to Section 29(2) of the Marriage Act?
In a building with open doors.
Which case relaxed the strict requirement that a marriage ceremony be held in a building with open doors?
Ex parte Dow.
What were the facts in Ex parte Dow
The marriage ceremony was held in the front garden of a private home instead of inside the house.
What did the court decide in Ex parte Dow?
The marriage was valid despite non-compliance with the requirement that it be held in a building with open doors
Why did the court in Ex parte Dow uphold the marriage?
Because the legislature did not intend non-compliance with the formal requirements to result automatically in nullity.
VALID CIVIL MARRIAGE
C = Consent (parents/guardian if under 18)
A = Authorized marriage officer
P = Parties (man and woman under the Marriage Act)
M = Minister's consent where required
O = Open-door building requirement (subject to Ex parte Dow exception)