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- To set aside a marriage, the Court must declare the marriage to be invalid1. There are two categories of marriages which may be set aside by the Court: void marriages, which have no legal validity at all, and voidable marriages, which exist legally until the Court declares the marriage to be invalid1. A domestic contract, like any other contract, may be set aside on the basis of unconscionability, undue influence, mistake, repudiation, duress or misrepresentation2.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.An annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. There are two categories of marriages which may be set aside by the Court, void marriages (which have no legal validity at all) and voidable marriages, which exist legally until the Court declares the marriage to be invalid.bregmans.co.za/2014/05/08/annulment-of-a-marria…The phrase “otherwise in accordance with law of contract” refers to the fact that at common law, a domestic contract, like any other contract, may be set aside on the basis of unconscionability, undue influence, mistake, repudiation, duress or misrepresentation. Setting aside a marriage contract under s. 56 (4) is a two stage process.www.oba.org/Sections/Family-Law/Articles/Articles …
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