Personal consequences of a civil marriage

Invariable consequences

Consequences that come into effect immediately when the spouses marry

- Cannot be excluded in the ANC

- Inevitable and unchangeable

Variable consequences

Regulated by the spouses in the ANC

Status of the spouses

1. Right of interstate succession

2. Neither spouse is to marry someone else

3. Spouses are guardians of the children in the marriage

4. If minor marries, minor status is terminated and does not revive

5. Creation of affinity

6. Capacity to perform certain juristic acts are limited.

Grobbelaar v Havenga

Defined consortiums omnis vitae as an abstraction compromising the totality of a number of rights, duties and advantages accruing to the spouses of a marriage

Best v Samuel Fox Co. Ltd

Defined COV as companionship, love, affection, mutual services and sexual intercouse

Wiese v Moolman 2009

Adultery was an actionable delict