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GSP165 The Law And You

tag 0 Download 10 Pages / 2,291 Words tag 07-07-2021


Question 1

(a) What are the 2 essential formal validity conditions that must be present before a marriage can be valid?

(b) What is the status of a marriage that does not have either one or both conditions?

(c) Name any 4 of the 5 conditions of capacity that must be present before a person may contract a marriage.

Question 2

Sue and Peter married in the year 2008 and they have a 7 year-old daughter now. Sue holds aMasters Degree in Business Administration, while Peter is an Engineer by training. However, Sue has been a housewife since their marriage. Peter is the sole breadwinner of the family. Sometime in 2012, Sue found out that Peter was secretly indulging in heavy gambling and had chalked up a huge debt. They had a heated argument. After the quarrel, Peter stormed out of their house. Sue was upset, but she thought that Peter would return home after he had cooled down.

A few months passed, and Peter did not return home. Sue was beginning to feel insecure. She apologised to Peter again and again, but Peter firmly said that he did not want the marriage anymore, and that he could not live with her anymore. Sue was sad, but decided not to pester Peter anymore.

Sue patiently waited for Peter to return home, thinking that he just needed some “space”. Months ran into years, and 4½ years had rolled by. One fine day, Sue received Peter’s Writ for Divorce.

Peter has also stated that he wishes to have custody, care and control of their daughter, as Sue is unemployed and, therefore, unable to provide for the child’s needs. He also refuses to pay any maintenance for Sue, since she is a Masters degree holder.

Sue is very upset and has come to you for your opinion. She has not given up on the marriage. She wants to reconcile with Peter. She has the following questions for you:

(a) Can she refuse to consent to Peter’s application for divorce? She tells you firmly that she has not forsaken Peter at any time, and that it is he who has walked away against her wishes.

(b) Will Sue have to give up custody of their daughter to Peter? She wants to have custody of the child, but she does not mind Peter visiting the child as often as he wants.

(c) Can Peter refuse to pay her any maintenance at all? He cites the fact that she is more highly qualified than he is.

(d) Assume that Sue had lent $100,000 to Peter for his business. Peter lost all of it when his business became a total failure. If Peter now faced bankruptcy, can Sue claim her loan as one of his creditors?

Question 3

Robert and Rebecca are excited about their wedding dinner. They have set the date on 8August 2017. They will hold their customary wedding ceremony then, before they begin living together as man and wife. By then, their new matrimonial home would be ready for them to move into.

On the topic of where the customary wedding would be held, Robert and Rebecca had differing opinions. Robert said that they should hold it in a no-frills hotel, so that they would not need to fork out too much money for the event. However, Rebecca wanted nothing less than a 5-star hotel reception and that would cost a lot of money. Robert became very upset, and thought that his future wife may not be all that suitable for him! He discussed it with his mother, who was also a prudent person.

Yesterday, Robert asked Rebecca to meet him after work. He told her that he feared that they might face differences in opinions throughout their lives, since their differing ideologies and practices were now becoming apparent. He suggested that they call off the wedding, and undo the registration, so that they may find more suitable partners to live with.

Rebecca is angry and devastated. She has been thinking about her current situation and is weighing her options. Assuming that Robert and Rebecca have not started living together as husband and wife yet, and assuming that Rebecca has asked Robert to go through with the marriage and to consummate the marriage, please answer her queries below:

(a) What is the status of her marriage?

  1. It is a valid marriage.
  2. It is a fake marriage.
  3. It is a void marriage.
  4. It is a voidable marriage.

(b) Can Rebecca make any application to the Court for any relief with respect to her marriage?

  1. Yes, she can apply immediately.
  2. No, she must allow 3 years to lapse from the date of marriage.
  3. No, she must undergo at least 3 years of separation first.
  4. She is barred from applying to Court for any relief.
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