,PVL2601 EXAM PACK 2025 [DETAILED QUESTIONS
AND ANSWERS]
4 requirements for civil marriage
1. The parties must have the capacity to act
2. There must be an agreement between the parties to enter into a civil marriage with each
other.
3. The marriage between the parties must be lawful.
4. The prescribed formalities must be complied with.
Capacity to act
Persons who have no capacity to act such as the mentally ill and infantes are totally incapable
of entering into a civil marriage.
Mentally ill persons
can only enter into a civil marriage during a lucidum intervallum.
Declared prodigals
can enter into a civil marriage without the curator's consent.
Persons under curatorship due to a disability or illness
can enter into a civil marriage without the curator's consent
Minors
can only enter into a civil marriage with the consent of their parents/legal guardians
Agreement
Both parties must intend to enter into a civil marriage with one another.
,Mistake
Mistakes concerning the identity of the other party (error in personam) or a mistake
concerning the nature of the juristic act (error in negotio) are the only forms of material
mistake in respect of a civil marriage
Misrepresentation
Where one of the parties misleads the other prior to the civil marriage by making untruthful
statements or gives a false impression to the other party by concealing information which
should be made known and thereby persuades the other to enter into marriage.
Duress (coercion)
Where one of the spouses has been forced to consent to the civil marriage.
Undue influence
Where one of the parties to a civil marriage has been influenced in his or her choice and has
been persuaded to enter into the marriage as a result of the influence.
Lawfulness
A civil marriage is unlawful due to the following:
1. An existing civil or customary marriage or civil union
2. Persons who are of the same sex
3. Civil marriage between adoptive parents and their adopted children
4. Persons who are within the prohibited degrees of relationship
5. Legal guardians and their wards
Consanguinity
Blood relation
Affinity
Relation by marriage
Direct line (Consanguinity)
1. Parents
2. Children
, Collateral line (Consanguinity)
1. Brothers
2. Sisters
3. Nephews
4. Nieces
5. Cousins
Direct line (Affinity)
1. Parents-in-law
2. Spouse's children from a former marriage i.e stepchildren)
Collateral line (Affinity)
1. Sister-in-law
2. Brother-in-law
The prescribed formalities
1. Marriage officers
2. Formalities preceding the marriage ceremony
3. Formalities during the marriage ceremony
Marriage officer
A civil marriage may only be solemnised by a marriage officer who is a :
1. magistrate
2. special justices of the peace
3. commissioners
4. persons appointed by the Minister of Home Affairs such as any officer in the public,
diplomatic or consular service, and a minister of religion or anyone holding a responsible
position in a religious denomination or organisation.
Formalities preceding the marriage ceremony
Anyone who wishes to raise an objection to an intended civil marriage must lodge the objection
with the marriages officer who is to solemnise the marriage. A marriage officer may not
solemnise a civil marriage unless each party furnishes his or her identity or the prescribed
affidavit.
AND ANSWERS]
4 requirements for civil marriage
1. The parties must have the capacity to act
2. There must be an agreement between the parties to enter into a civil marriage with each
other.
3. The marriage between the parties must be lawful.
4. The prescribed formalities must be complied with.
Capacity to act
Persons who have no capacity to act such as the mentally ill and infantes are totally incapable
of entering into a civil marriage.
Mentally ill persons
can only enter into a civil marriage during a lucidum intervallum.
Declared prodigals
can enter into a civil marriage without the curator's consent.
Persons under curatorship due to a disability or illness
can enter into a civil marriage without the curator's consent
Minors
can only enter into a civil marriage with the consent of their parents/legal guardians
Agreement
Both parties must intend to enter into a civil marriage with one another.
,Mistake
Mistakes concerning the identity of the other party (error in personam) or a mistake
concerning the nature of the juristic act (error in negotio) are the only forms of material
mistake in respect of a civil marriage
Misrepresentation
Where one of the parties misleads the other prior to the civil marriage by making untruthful
statements or gives a false impression to the other party by concealing information which
should be made known and thereby persuades the other to enter into marriage.
Duress (coercion)
Where one of the spouses has been forced to consent to the civil marriage.
Undue influence
Where one of the parties to a civil marriage has been influenced in his or her choice and has
been persuaded to enter into the marriage as a result of the influence.
Lawfulness
A civil marriage is unlawful due to the following:
1. An existing civil or customary marriage or civil union
2. Persons who are of the same sex
3. Civil marriage between adoptive parents and their adopted children
4. Persons who are within the prohibited degrees of relationship
5. Legal guardians and their wards
Consanguinity
Blood relation
Affinity
Relation by marriage
Direct line (Consanguinity)
1. Parents
2. Children
, Collateral line (Consanguinity)
1. Brothers
2. Sisters
3. Nephews
4. Nieces
5. Cousins
Direct line (Affinity)
1. Parents-in-law
2. Spouse's children from a former marriage i.e stepchildren)
Collateral line (Affinity)
1. Sister-in-law
2. Brother-in-law
The prescribed formalities
1. Marriage officers
2. Formalities preceding the marriage ceremony
3. Formalities during the marriage ceremony
Marriage officer
A civil marriage may only be solemnised by a marriage officer who is a :
1. magistrate
2. special justices of the peace
3. commissioners
4. persons appointed by the Minister of Home Affairs such as any officer in the public,
diplomatic or consular service, and a minister of religion or anyone holding a responsible
position in a religious denomination or organisation.
Formalities preceding the marriage ceremony
Anyone who wishes to raise an objection to an intended civil marriage must lodge the objection
with the marriages officer who is to solemnise the marriage. A marriage officer may not
solemnise a civil marriage unless each party furnishes his or her identity or the prescribed
affidavit.
