Homework answers / question archive / Question1: "Once all the requirements for the formation of a civil marriage are present and there exists no impediments that would render a marriage void or voidable; and all formalities have been complied with, the marriage is regarded as valid

Question1: "Once all the requirements for the formation of a civil marriage are present and there exists no impediments that would render a marriage void or voidable; and all formalities have been complied with, the marriage is regarded as valid

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Question1: "Once all the requirements for the formation of a civil marriage are present and there exists no impediments that would render a marriage void or voidable; and all formalities have been complied with, the marriage is regarded as valid. There are consequences that arise out of a marriage which cannot be changed by the spouses, they come into being automatically by operation of law and cannot be excluded by the parties. They relate to the persons to the marriage and are the same whether parties are married in community of property or out of community of property."

 

Using case law critically discuss the statement above.

 

Question 2:

Read the following scenario and answer the questions that follow:

Sarafina and Donald have been married for 8 years and have 4 children together. However, their marriage started experiencing some matrimonial problems which resulted in her filing for a divorce. 3 Amongst the reasons for divorce as stated by Sarafina was that Donald was emotionally and physically abusive and in addition, thereto, has been negligent in his duties of looking after their family. Of serious concern was the threat to kill Sarafina which resulted in a report to the police and Donald was subsequently arrested and detained. In her testimony she stated that her husband arrived home drunk and an argument ensured, which resulted in him threatening to stab her with a kitchen knife, which he was holding. Sarafina said that the threat was accompanied by words to the effect that he was going to kill her, and, thereafter, take possession of their car. Even though he is in custody, he sent a message through his friend that he would kill her when he comes out of prison. Using case law and legislative texts, advise Sarafina on the prospects of her divorce to Donald.