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PVL2601
Assignment
2 Semester 2
2024[Type the document subtitle]
[Year]
[Type the company address]
, Book
South African Family Law
PVL2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE
August 2024 ; 100% TRUSTED Complete, trusted solutions and
explanations.. .
Question 1 For the past ten years, Ben has known that he is sterile. As Mary
has repeatedly told Ben that she wants children, Ben fears that Mary will not
want marry him if he tells her about his sterility. A year after the wedding, Ben
tells Mary that he is sterile. Mary tells Ben that she would never have married
him had she known that he was sterile. (a) Explain the meaning term of
“voidable civil marriage”. (2) (b) Name seven grounds on which a voidable
marriage can be set aside. (7) (c) Can a court order set aside Ben and Mary’s
marriage? (1) [10]
Question 1
(a) Explain the meaning of the term "voidable civil marriage." (2)
A voidable civil marriage is a legally valid marriage that can be annulled by a court upon the
petition of one of the parties, due to certain circumstances that existed at the time of the
marriage. Unlike a void marriage, which is considered invalid from the outset, a voidable
marriage remains valid until it is annulled by a court order.
(b) Name seven grounds on which a voidable marriage can be set aside. (7)
1. Fraud or Misrepresentation: If one party was induced to marry through deceit or false
representation.
2. Mental Incapacity: If one party was unable to understand the nature of the marriage
contract due to mental incapacity.
3. Duress or Coercion: If one party was forced or threatened into the marriage against their
will.
4. Impotence: If one party is permanently impotent and unable to consummate the
marriage, and this was not disclosed before the marriage.
5. Incurable Physical Incapacity: If one party is physically incapable of entering into a
marital relationship.
6. Underage Marriage: If one party was under the legal age of consent at the time of
marriage and did not have the necessary legal permissions.
7. Pregnancy by Another Man: If the wife was pregnant by another man at the time of
marriage and the husband was unaware of it.
PVL2601
Assignment
2 Semester 2
2024[Type the document subtitle]
[Year]
[Type the company address]
, Book
South African Family Law
PVL2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE
August 2024 ; 100% TRUSTED Complete, trusted solutions and
explanations.. .
Question 1 For the past ten years, Ben has known that he is sterile. As Mary
has repeatedly told Ben that she wants children, Ben fears that Mary will not
want marry him if he tells her about his sterility. A year after the wedding, Ben
tells Mary that he is sterile. Mary tells Ben that she would never have married
him had she known that he was sterile. (a) Explain the meaning term of
“voidable civil marriage”. (2) (b) Name seven grounds on which a voidable
marriage can be set aside. (7) (c) Can a court order set aside Ben and Mary’s
marriage? (1) [10]
Question 1
(a) Explain the meaning of the term "voidable civil marriage." (2)
A voidable civil marriage is a legally valid marriage that can be annulled by a court upon the
petition of one of the parties, due to certain circumstances that existed at the time of the
marriage. Unlike a void marriage, which is considered invalid from the outset, a voidable
marriage remains valid until it is annulled by a court order.
(b) Name seven grounds on which a voidable marriage can be set aside. (7)
1. Fraud or Misrepresentation: If one party was induced to marry through deceit or false
representation.
2. Mental Incapacity: If one party was unable to understand the nature of the marriage
contract due to mental incapacity.
3. Duress or Coercion: If one party was forced or threatened into the marriage against their
will.
4. Impotence: If one party is permanently impotent and unable to consummate the
marriage, and this was not disclosed before the marriage.
5. Incurable Physical Incapacity: If one party is physically incapable of entering into a
marital relationship.
6. Underage Marriage: If one party was under the legal age of consent at the time of
marriage and did not have the necessary legal permissions.
7. Pregnancy by Another Man: If the wife was pregnant by another man at the time of
marriage and the husband was unaware of it.
