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Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a putative marriage, which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, [ 9 ] and illegitimate children are ...
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.
The majority suspended the declaration of invalidity for a period of a year to allow Parliament time to correct the defect. It also declared the omission from section 30(1) of the Marriage Act after the words "or husband" of the words "or spouse" to be inconsistent with the Constitution, and invalid to the extent of the inconsistency.
In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment.
The court decided that the order of invalidity in respect of trade-union membership would only come into force three months from the date of judgement. The court added as a proviso that, if the delayed order would cause either party substantial prejudice, such party might approach the Constitutional Court for a variation of the order.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
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Sachs turned next to the power of the Constitutional Court to suspend a declaration of invalidity, "in the interests of justice and good government," [7] pending correction of the constitutional defect in the legislation by Parliament. He held that a party wishing for the court to make such an order had to provide it with "reliable information ...