PVL2601 – Summary Study Notes (Family Law)

PVL2601 – Summary Study Notes (Family Law) FAMILY LAW: LEGAL REQUIREMENTS FOR THE CONCLUSION OF A VALID CIVIL MARRIAGE: Marriage is traditionally defined as the legally recognized life long voluntary union between two parties to the exclusion of all others.  Capacity to act – mentally ill persons - if they enter into marriage the moment this occurs marriage is void.  Infant (children below age of 7) do not have the capacity to act.  Prodigals (a person with normal mental ability but who is unable of managing his or her own affairs because he or she squanders his or her assets in an irresponsible reckless way as a result of some defect in his or her power of judgment of character) may marry without consent. A marriage is not valid unless it is lawful for the parties to marry Ex parte Dow – applicant applied for an order declaring this marriage null and void because the wedding had taken place, in conflict with section 29(2) of the marriage act, in front of a garden. Marriage was declared valid. Consensus – forms the basis of and is fundamental requirement for entering into a marriage. Both parties must have the will to marry each other. Error in persona and error in negotio are the only forms of material mistakes recognized in connection with marriage. Misrepresentation – if one party misleads another prior to marriage by making false statements or creating a false impression by concealing information which should have been divulged and thereby persuades the other to enter into marriage, marriage is voidable if misrepresentation was of a serious nature. Duress- if one spouse was forced to consent to the marriage by duress, the marriage.