Civil Marriage

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9 Terms

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Civil Marriage

Legally recognised life-long voluntary union between one man and one woman to the exclusion of other persons

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Requirements for civil marriage

Capacity

Formalities

Consensus

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Age for capacity

Below the age of puberty is void

B 14-18 and G 12-15 need minister’s consent


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Minister can ratify marriage if

  1. They consider the marriage desirable

  2. Marriage was solemnized in accordance to the provisions of the Marriage Act

  3. No other lawful impediments to the marriage


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Consanguinity

Direct line (Acsendants and descendents)

Collateral line (Related through common ancestor)

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Affinity

Relationship between a married person and the blood relations of their spouse (direct & collateral line)

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Consensus

  1. Lack of capacity to give consent

  2. Intimidation

  3. Material mistake or fraud


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Prescribed formalities

  1. Marriage officer

  2. Objections

  3. Proof of age and ID

  4. Marriage formula

  5. Witnesses

  6. Place and time of wedding

  7. Registration of marriage


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Ex parte Dow 1987

Decision reaffirmed the principle that only a material defect should render a marriage void