LJU4804
PORTFOLIO
DUE DATE: 14 MAY 2025
, QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow.
Michael and Martha Kumwenda got married in Mauritius in December 1983. They concluded an
antenuptial contract excluding all forms of accrual and of profit and loss. At that time, they were
Zambian citizens and Martha was domiciled in Lusaka and working there as a senior accountant,
while Michael was working in New York on a two-year fixed term contract with the possibility of
further renewal.
QUESTION 1
1.1 Which legal system applies to the formal validity of Michael and Martha’s
marriage in terms of the South African rules of private international law?
The formal validity of a marriage is governed by the lex loci celebrationis, which is the law
of the place where the marriage was celebrated¹. In this case, Michael and Martha were
married in Mauritius, so the law of Mauritius applies.
1.2.1 Which legal system applies to the material validity of Michael and Martha’s
marriage in terms of the South African rules of private international law?
The material validity (or intrinsic validity) of a marriage – including capacity to marry – is
also governed by the lex loci celebrationis, which is the law of the place where the
marriage was celebrated². Therefore, the law of Mauritius applies here as well.
1.2.2 Provide a brief discussion of the exceptions to the rule in 1.2.1.
There are two exceptions to the general rule that the lex loci celebrationis governs
material validity:
PORTFOLIO
DUE DATE: 14 MAY 2025
, QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow.
Michael and Martha Kumwenda got married in Mauritius in December 1983. They concluded an
antenuptial contract excluding all forms of accrual and of profit and loss. At that time, they were
Zambian citizens and Martha was domiciled in Lusaka and working there as a senior accountant,
while Michael was working in New York on a two-year fixed term contract with the possibility of
further renewal.
QUESTION 1
1.1 Which legal system applies to the formal validity of Michael and Martha’s
marriage in terms of the South African rules of private international law?
The formal validity of a marriage is governed by the lex loci celebrationis, which is the law
of the place where the marriage was celebrated¹. In this case, Michael and Martha were
married in Mauritius, so the law of Mauritius applies.
1.2.1 Which legal system applies to the material validity of Michael and Martha’s
marriage in terms of the South African rules of private international law?
The material validity (or intrinsic validity) of a marriage – including capacity to marry – is
also governed by the lex loci celebrationis, which is the law of the place where the
marriage was celebrated². Therefore, the law of Mauritius applies here as well.
1.2.2 Provide a brief discussion of the exceptions to the rule in 1.2.1.
There are two exceptions to the general rule that the lex loci celebrationis governs
material validity:
