Wednesday, 31 October 2012

Lawful impediments to marriage

Under the South African Law a marriage is prohibited under the following conditions:
  • Persons who are already married. An existing marriage can only be terminated through death or by a competent court of law.
  • Minors. A minor may not enter into marriage unless the marriage officer is in possession of a written consent from both parents or the guardian.
  • Persons without contractual capacity. This refers to majors who are suffering from mental disorders. A person who is insane, may, however, contract a valid marriage if it can be proven that the person is lucid and in full possession of his faculties when concluding the contract.
Prohibited degrees of relationships as indicated below:
  • the forebear or a descendant of the husband/wife.
source

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