Page 1 of 72
PVL2601 EXAM PACK QUESTIONS WITH VERIFIED
ANSWERS DETAILED RATIONALES GRADED A+
PVL2601 – Family Law
SECTION 1: THE LEGAL REQUIREMENTS FOR A CIVIL MARRIAGE (Questions 1–25)
1. Which one of the following is NOT a requirement for a valid civil marriage?
A. Capacity to act
B. Consensus
C. The marriage must be lawful
D. The parties must be of the same race
Rationale: The legal requirements for a valid civil marriage are: (1) capacity to act, (2)
consensus, (3) the marriage must be lawful, and (4) formalities must be complied with. Race is
not a requirement; indeed, racial restrictions were unconstitutional and have been abolished.
2. A civil marriage is traditionally defined as:
A. A legally recognised life-long voluntary union between two parties to the exclusion of all
others
B. A religious ceremony between a man and a woman
C. A union that can be dissolved at any time by either party
D. A customary union between two families
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Rationale: A civil marriage is traditionally defined as the legally recognised life-long voluntary
union between two parties to the exclusion of all others. This definition reflects the
monogamous nature of civil marriage.
3. Mentally ill persons who enter into a civil marriage without lucid intervals:
A. Enter into a valid marriage
B. Enter into a void marriage
C. Enter into a voidable marriage
D. Enter into a putative marriage
Rationale: Mentally ill persons who enter into a marriage without lucid intervals lack the
capacity to act, rendering the marriage void. The marriage has no legal consequences.
4. A minor below the age of 7 (infant) who enters into a civil marriage:
A. Has the capacity to act and the marriage is valid
B. Lacks the capacity to act and the marriage is void
C. Enters into a voidable marriage
D. Enters into a putative marriage
Rationale: Infants (children below age 7) lack the capacity to act and cannot enter into a valid
civil marriage. Any purported marriage is void.
5. A minor between the ages of 7 and 18 who enters into a civil marriage requires:
A. No consent from anyone
B. Consent from a parent or legal guardian
C. Consent from the court only
D. Consent from the Minister of Home Affairs
Rationale: A minor between 7 and 18 requires the consent of a parent or legal guardian, and if
applicable, the consent of the Minister of Home Affairs (for girls under 15 and boys under 18 in
certain circumstances under the Marriage Act).
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6. Which one of the following cases dealt with the solemnisation of a civil marriage in a
garden?
A. Ex parte Dow
B. Zulu v Zulu
C. Bam v Bhabha
D. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
Rationale: In Ex parte Dow, the court held that solemnisation of a civil marriage in a garden
does not render the marriage void, as the essential requirements for a valid marriage had been
met.
7. A marriage entered into without the required consent of a parent or guardian is:
A. Void
B. Voidable
C. Valid but subject to annulment
D. Putative
Rationale: A marriage entered into without the required consent is voidable, not void. It
remains valid until set aside by a court.
8. Which one of the following is a ground on which a voidable civil marriage can be annulled?
A. Mental illness without lucid intervals
B. Minority without required consent
C. Bigamy
D. Lack of capacity to act
Rationale: Minority without the required consent is a ground for annulment of a voidable
marriage. The other options render a marriage void.
9. A putative marriage is:
A. A marriage that is void but one or both parties believe it to be valid
B. A marriage that is voidable
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C. A marriage that is valid
D. A marriage that has been annulled
Rationale: A putative marriage is a void marriage in which one or both parties, in good faith,
believed the marriage to be valid. The parties may have certain rights, especially regarding
property and children.
10. Which one of the following is NOT a requirement for a valid antenuptial contract?
A. It must be in writing
B. It must be signed by both parties
C. It must be registered in the deeds registry within 3 months
D. It must be witnessed by a commissioner of oaths
Rationale: An antenuptial contract must be in writing, signed by both parties, and witnessed by
a commissioner of oaths. It must be registered in the deeds registry within 3 months to have
effect against third parties.
11. In which case did the court hold that a postnuptial contract which purported to exclude
the accrual system and was not registered or entered into with leave of court is void?
A. Ex parte Kros
B. Honey v Honey
C. Ex parte Burger
D. Amar v Amar
Rationale: In Honey v Honey, the court held that a postnuptial contract that purported to
exclude the accrual system and was not registered in the deeds registry or entered into with
leave of the court is void and unenforceable between the parties and as against third parties.
12. The formalities for a civil marriage include:
A. The marriage must be solemnised by a duly authorised marriage officer
B. The marriage must take place in a church
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PVL2601 EXAM PACK QUESTIONS WITH VERIFIED
ANSWERS DETAILED RATIONALES GRADED A+
PVL2601 – Family Law
SECTION 1: THE LEGAL REQUIREMENTS FOR A CIVIL MARRIAGE (Questions 1–25)
1. Which one of the following is NOT a requirement for a valid civil marriage?
A. Capacity to act
B. Consensus
C. The marriage must be lawful
D. The parties must be of the same race
Rationale: The legal requirements for a valid civil marriage are: (1) capacity to act, (2)
consensus, (3) the marriage must be lawful, and (4) formalities must be complied with. Race is
not a requirement; indeed, racial restrictions were unconstitutional and have been abolished.
2. A civil marriage is traditionally defined as:
A. A legally recognised life-long voluntary union between two parties to the exclusion of all
others
B. A religious ceremony between a man and a woman
C. A union that can be dissolved at any time by either party
D. A customary union between two families
1|Page
,Page 2 of 72
Rationale: A civil marriage is traditionally defined as the legally recognised life-long voluntary
union between two parties to the exclusion of all others. This definition reflects the
monogamous nature of civil marriage.
3. Mentally ill persons who enter into a civil marriage without lucid intervals:
A. Enter into a valid marriage
B. Enter into a void marriage
C. Enter into a voidable marriage
D. Enter into a putative marriage
Rationale: Mentally ill persons who enter into a marriage without lucid intervals lack the
capacity to act, rendering the marriage void. The marriage has no legal consequences.
4. A minor below the age of 7 (infant) who enters into a civil marriage:
A. Has the capacity to act and the marriage is valid
B. Lacks the capacity to act and the marriage is void
C. Enters into a voidable marriage
D. Enters into a putative marriage
Rationale: Infants (children below age 7) lack the capacity to act and cannot enter into a valid
civil marriage. Any purported marriage is void.
5. A minor between the ages of 7 and 18 who enters into a civil marriage requires:
A. No consent from anyone
B. Consent from a parent or legal guardian
C. Consent from the court only
D. Consent from the Minister of Home Affairs
Rationale: A minor between 7 and 18 requires the consent of a parent or legal guardian, and if
applicable, the consent of the Minister of Home Affairs (for girls under 15 and boys under 18 in
certain circumstances under the Marriage Act).
2|Page
,Page 3 of 72
6. Which one of the following cases dealt with the solemnisation of a civil marriage in a
garden?
A. Ex parte Dow
B. Zulu v Zulu
C. Bam v Bhabha
D. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs
Rationale: In Ex parte Dow, the court held that solemnisation of a civil marriage in a garden
does not render the marriage void, as the essential requirements for a valid marriage had been
met.
7. A marriage entered into without the required consent of a parent or guardian is:
A. Void
B. Voidable
C. Valid but subject to annulment
D. Putative
Rationale: A marriage entered into without the required consent is voidable, not void. It
remains valid until set aside by a court.
8. Which one of the following is a ground on which a voidable civil marriage can be annulled?
A. Mental illness without lucid intervals
B. Minority without required consent
C. Bigamy
D. Lack of capacity to act
Rationale: Minority without the required consent is a ground for annulment of a voidable
marriage. The other options render a marriage void.
9. A putative marriage is:
A. A marriage that is void but one or both parties believe it to be valid
B. A marriage that is voidable
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C. A marriage that is valid
D. A marriage that has been annulled
Rationale: A putative marriage is a void marriage in which one or both parties, in good faith,
believed the marriage to be valid. The parties may have certain rights, especially regarding
property and children.
10. Which one of the following is NOT a requirement for a valid antenuptial contract?
A. It must be in writing
B. It must be signed by both parties
C. It must be registered in the deeds registry within 3 months
D. It must be witnessed by a commissioner of oaths
Rationale: An antenuptial contract must be in writing, signed by both parties, and witnessed by
a commissioner of oaths. It must be registered in the deeds registry within 3 months to have
effect against third parties.
11. In which case did the court hold that a postnuptial contract which purported to exclude
the accrual system and was not registered or entered into with leave of court is void?
A. Ex parte Kros
B. Honey v Honey
C. Ex parte Burger
D. Amar v Amar
Rationale: In Honey v Honey, the court held that a postnuptial contract that purported to
exclude the accrual system and was not registered in the deeds registry or entered into with
leave of the court is void and unenforceable between the parties and as against third parties.
12. The formalities for a civil marriage include:
A. The marriage must be solemnised by a duly authorised marriage officer
B. The marriage must take place in a church
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