PVL2601
ASSIGNMENT 2 (SEMESTER 1)
DUE DATE: 15 April 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 15 April 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
(a) Define a void marriage and a voidable marriage. (2)
Answer:
A void marriage is one that is considered invalid from the beginning, meaning it is treated as
though it never existed legally. This can occur due to various reasons such as prohibited
relationships (e.g., bigamy or incest), lack of consent, or incapacity to marry (e.g., one party
being already married or mentally incompetent). In the eyes of the law, a void marriage has no
legal effect, and the parties are not considered spouses.
(b) Read the following scenarios and indicate whether each of the marriages is void or voidable.
You must briefly explain your answer:
(i) Bobby and Martha married three years ago. At the time of their wedding, Martha was
pregnant with Robby’s child. The child, Lulu, was born six months after the wedding.
Last week, Bobby discovered that he is not Lulu’s biological father. He tells Martha
ASSIGNMENT 2 (SEMESTER 1)
DUE DATE: 15 April 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 15 April 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
(a) Define a void marriage and a voidable marriage. (2)
Answer:
A void marriage is one that is considered invalid from the beginning, meaning it is treated as
though it never existed legally. This can occur due to various reasons such as prohibited
relationships (e.g., bigamy or incest), lack of consent, or incapacity to marry (e.g., one party
being already married or mentally incompetent). In the eyes of the law, a void marriage has no
legal effect, and the parties are not considered spouses.
(b) Read the following scenarios and indicate whether each of the marriages is void or voidable.
You must briefly explain your answer:
(i) Bobby and Martha married three years ago. At the time of their wedding, Martha was
pregnant with Robby’s child. The child, Lulu, was born six months after the wedding.
Last week, Bobby discovered that he is not Lulu’s biological father. He tells Martha