Botha v Steyn (13326/2014)
Botha v Steyn (13326/2014) [2021] ZAKZDHC 23; [2021] 4 All SA 87 (KZD) (2 August 2021)
The court found that no valid marriage was entered into between the plaintiff and defendant under English law. The ceremony in England was a blessing, not a legally recognized marriage, as it failed to comply with the mandatory requirements of the Marriage Act 1949, including publication of banns, presence of registrars, and prescribed declarations. Expert evidence was accepted that no marriage was registered and the parties themselves acknowledged in subsequent agreements that they were not married. Consequently, the plaintiff's claims for divorce and ancillary relief were dismissed, as the…
Source excerpt
- Validity Of Marriage
- Jurisdiction Of Divorce Court
- Prescription Of Claims
- Costs Award
- Foreign Law Expert Evidence