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  2. 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 …
     
  3. People also ask
    Can a court set aside a marriage contract?The Family Law Act, section 56, states that a court may set aside a domestic contract, which includes a marriage contract, if either party fails to disclose significant assets or liabilities, if the party seeking to have the contract set aside did not understand the nature or consequences of the contract or if there was undue influence or duress.
    How do I set aside a marriage contract under S 56 (4)?Setting aside a marriage contract under s. 56 (4) is a two stage process. Under the first stage, the court must consider whether the party seeking to set aside the agreement can demonstrate that one or more of the circumstances set out in s. 56 (4) have been engaged.
    Can a marital settlement agreement be set aside?Affirming the ruling of the trial court, the Fifth District agreed that while no evidence of fraud had been established, where there had been a lack of disclosure by the husband together with a lack of understanding by wife, the evidence demonstrated basic inherent unfairness and therefore the marital settlement agreement would be set aside.
    Can a cohabitation agreement be set aside?The burden of proof is on the party seeking to set aside the domestic contract. Every year, a significant number of parties to cohabitation agreements and marriage contracts seek to rely on section 56 (4) to have their agreements set aside.
     
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    WEBDec 3, 2014 · Setting Aside a Marital Settlement Agreement. Posted on December 3, 2014. We are sometimes asked whether a marital …

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