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Family Law in Botswana Cases, Materials and Commentary

Family Law in Botswana Cases, Materials and Commentary aims at stimulating an interest in students in the reading of law reports and statutes and at providing relevant source material other than that already of

Publication Language: English
Print
R371.52
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In Stock
Published:
ISBN/ISSN: 9780409023817

Product details

Family Law in Botswana Cases, Materials and Commentary aims at stimulating an interest in students in the reading of law reports and statutes and at providing relevant source material other than that already offered to enhance their study of family law.

Family Law in Botswana Cases, Materials and Commentary also aims to serve as a useful reference for the busy legal practitioner or judicial officer who seeks answers to questions on family law.

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Table of contents

Engagement

Nature of engagement under common law

Consequences of breach of promise of marriage under common law

Nature of engagement under customary law

Marriage under the Marriage Act

Nature of marriage under the Act

Heterosexual nature of marriage

Legal requirements for a valid marriage under the Marriage Act

Prohibited degrees of marriage

Minor's marriage

Minor's marriage without the requisite consent

Marriage formalities

Nullity of marriage

Void marriages

Voidable marriages

Meaning of consummation

Meaning of wilful refusal

Incapacity to consummate the marriage

Consent obtained by fraud

Invariable consequences of marriage

Consortium

Matrimonial domicile

Reciprocal duty of support

Variable consequences of marriage

General principles

Marriage in community of property

Marriage out of community of property

When a marriage will be deemed out of community of property

General nature of marriage out of community of property

Joint acquisition of property by spouses married out of community of property

Liability for household necessaries

Customary law marriage

Essential elements of customary law marriage

The payment of bogadi

Conversion of customary law marriage into a statutory marriage

Jurisdiction of the High Court

Dissolution of marriage

Dissolution of marriage by death

Dissolution of marriage by presumption of death

Dissolution of marriage by divorce

Ancillary reliefs

Financial provision for a wife

Financial provision for children

Custody of children

Property rights on divorce

Children and the family

Guardianship

Duty of support

Adoption

Practice Notes

Strict observance of Matrimonial Causes Rules

Abolition of action for restitution of conjugal rights

Rules of pleading

Service of process

Variation of court order