Introduction
A marriage which is void ab initio (as if it never existed) does
not affect the status of the parties or confer any of the
consequences of civil marriage on the parties or their children or
does it? Perhaps your spouse used a "ring" to share in
your hard-earned riches and hid material information prior to
marriage which would have made you turn in your tracks.
Matrimonial property system that applies in the event that
the marriage is "annulled"
When a marriage is void – no matrimonial property system
operates as between the parties, the reciprocal duty of support
does not operate between them. They do not inherit intestate from
one another and their children are born of unmarried parents. In
order for a marriage to be confirmed void, the same would have to
lodge an application with the court for a declaratory order, as a
result, the court would merely confirm the existing position, which
is a void marriage. A bona fide party ie who acted in good
