Questions for Discussion

• Author: Fara Brown
• Profession: Attorney-at-law practising in Jamaica for over 30 years
• Pages: 389-393

CHAPTER 1: MARRIAGE

1. What are the reasons for a minimum age of marriage? Consider

the advantages and disadvantages of the current minimum age of

marriage.

2. Which is of greatest signicance in the Marriage Act – Section 3 or

the provisions creating criminal offences, and why?

3. How is a marriage proved?

4. What is the purpose of the prohibited degrees of consanguinity

and afnity? Summarize the statutory exceptions and consider the

changing attitude of the court in this area.

5. Why does the law make special provision for marriages in articulo

mortis?

6. List the pre-ceremony requirements for marriage.

7. Why is Section 4 of the Marriage Act necessary?

8. What is the relevance of marriage in a modern Caribbean society?

9. How would you amend the Marriage Act? Give reasons and prepare

a preliminary draft your amendments.

CHAPTER 2: NULLITY

1. List the grounds for obtaining a nullity decree in Jamaica, naming the

statute and section of the statute in which each can be found.

2. What is the difference between a void marriage and a voidable

marriage?

3. In what circumstances can previously voidable grounds for nullity still

be relied upon in Jamaican matrimonial proceedings?

4. Does fraudulent behaviour nullify a marriage? Give reasons.

5. In what way does the procedure for obtaining a nullity decree differ

from the procedure for dissolution of marriage?

6. In what circumstances can a third party institute nullity proceedings,

and how would they do so?

Questions for Discussion