Everything Women

What do you know about jactitation of marriage

Jactitation of marriage refers to a false assertion that one is married to someone to whom one is not actually married to.

And though proceedings for jactitation were abolished by the Family Law Act l986, an injunction may be sought to restrain such claims being made and may be useful in preventing a presumption of marriage from arising.

This provides relief for a petitioner that alleges that they are not married to a respondent who is wrongfully and persistently boasting or asserting that he or she is married to the petitioner; mainly to obtain a declaration of a marriage’s validity or avoid a presumption of marriage being raised.

It should be noted that the making of the decree shall be in the discretion of the court, notwithstanding anything contained in the Matrimonial Causes Act

The effect of the Decree of Jactitation of Marriage is that the respondent in this instance will be restrained from falsely boasting and asserting that a marriage has taken place between the respondent and the petitioner if the decree of jactitation of marriage is made

So if there is a false accusation of marriage, the law already provides relief in form of injunction to restrain such claims being made especially if such a person is persistently boasting of the falsehood in a way that can cause damage to the other party.

Before you lie about your relationship to someone, remember, the law has provisions for almost all issues.

 

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