South Africa Law

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South Africa Law

I'm a South African national living abroad. I recently got

Customer Question
Hi I'm a South African...
Hi I'm a South African national living abroad. I recently got married in SA I need representations and information about getting marriage annulled
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Oh I thought you guys are based in South Africa
JA: Has anything been filed or reported?
Customer: Reported how?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes there's some stuff, but is this something you can help with?
Submitted: 1 year ago.Category: South Africa Law
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Customer reply replied 1 year ago
The reason why I want to get the marriage annulled is because my spouse neglected to tell me he has an uncurable communicable desease. How do I go about that?
Answered in 26 minutes by:
11/14/2016
Lawyer: CaseLaw, Attorney replied 1 year ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,620
Experience: BCom; LLB; Masters in Law
Verified

Hi there,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Unfortunately my answer is going to depend - to some degree - on what sort of incurable communicable disease your spouse has, and also when you were married, and how long ago you found out about the incurable communicable disease.

Awaiting your further information.

Regards

CaseLaw

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Customer reply replied 1 year ago
We met online a few months ago and got married in SA on Oct 19. I had flew down for that purpose. He told me after that he has herpes
Lawyer: CaseLaw, Attorney replied 1 year ago

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Our courts have held in a number of cases that as long as the purpose of the marriage can continue, that a court will NOT grant an annulment.

The example always used is if the man knows he can't have children, and gets married, and doesn't tell his wife, and then the wife finds out that he can't have children - the court will allow an annulment because the "purpose of the marriage" can't continue. To a certain degree I suppose HIV would fall into the same category.

But where do you draw a line?

Many people live with a strain of the herpes virus, and have normal lives.

In order to have your marriage annuled you would need to prove to the high court that you simply can't continue in your marriage due to the fact that your partner has the herpes virus. I think that it will be incredibly tough to prove because of the "slippery slope" argument. i.e. where does the court draw a line? What about somebody with cancer? What about diabetes?

What disease falls onto this side of the line, and what the other side?

At present the only sure thing is that a court will grant an annulment if you can't raise a family (have children) since the real "purpose" of the marriage is to have a family.

Does this assist?

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 1 year ago
My question will not be published on the page right?
Lawyer: CaseLaw, Attorney replied 1 year ago

It will be published on the website, but anonymously.

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Lawyer: CaseLaw, Attorney replied 12 months ago

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw

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CaseLaw
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,620
1,620 Satisfied Customers
Experience: BCom; LLB; Masters in Law

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