Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future?

Abstract

This chapter explores the development of different categories of marriage: non, void and valid. It argues that it is crucial to understand the evolution of the concept of ‘non-marriage’ in order to appreciate its legal necessity today in light of the current state of the law. It also suggests that a correct understanding the evolution of this category of marriage will enable reform to minimise the likelihood of a wedding either resulting in a void marriage or no marriage at all. Finally, it proposes options for reform.