Page 149 - The Circle of Life

There are in law two scenarios with this type of mess. One is a void marriage

which never had any legal validity from the beginning and two is voidable
marriages which must be set aside by the court and until such time it is a valid
marriage. Let me explain what is meant by this:

Void marriages: This is where an informal marriage took place without the

legal formalities or the spouse thought it was just an engagement ceremony but
in fact it was a marriage. Or the spouses are inside the prohibited degree of

family. It may even be where mistaken identity takes place and the wrong
person is married. No, I don't know how that happens. Probably someone was

wearing a heavy veil.

Sometimes the marriage is solemnized by a non-appointed marriage officer like
police officer. Or where one party is already married (and still are). Or where

the two witnesses were not present as demanded by the act or perhaps of the
wrong age! Or where an insane person marries during a time when still insane.

Or where consent from the Minister of Home Affairs is absent.

All these things make the marriage void meaning it never existed to start with.

You don't need the court to declare it null and legally are able to walk away as if
it never happened. However, sometimes it is good to approach the court anyway

for what is called a declaratory order which simply states that the marriage is
void. In practise you may also now have a child to take are off.

Voidable marriages: Remember here you do have a legal marriage and you

cannot simply walk away. You must (not maybe) approach the court for an order
of annulment (not divorce). Examples will be where a minor entered into a

marriage without his parents or guardians permission. This must be done by the
parents within 6 weeks of the marriage or within 3 months by the minor after he

reaches the age of 18 (adult or of age).

Impotency on the part of the husband is always a good excuse. Also where any

kind of duress was used to get a party to marry including tears and threats! It

does not need to be physical. A sad one is where the woman is pregnant by a
third party and unknown to her husband at the time.

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