Invariable consequences of Marriage

The concept of "consortium omnis vitae" in the context of a civil marriage in South African
law is a broad and somewhat abstract term that encompasses the totality of rights, duties,
and advantages that spouses owe each other. This includes material and immaterial aspects
such as companionship, love, affection, comfort, mutual services, and sexual intercourse.
Several cases help elucidate this concept:

1. **Wiese v Moolman [10]**: Described "consortium" as a broad, indefinable concept with

a well-understood meaning.

2. **Grobbelaar v Havenga [11]**: Defined "consortium omnis vitae" as an abstraction

comprising the totality of numerous rights, duties, and advantages accruing to married
spouses.

3. **Peter v Minister of Law and Order [13]**: Used "consortium" as an umbrella term for
all legal rights of one spouse to the company, affection, services, and support of the other.

The law recognizes that one spouse cannot enforce aspects like companionship and affection
through a court order, nor can they obtain an interdict to prevent the other spouse from
infringing the consortium (e.g., by committing adultery or leaving the matrimonial home). In
cases of severe violation of consortium that disrupts the normalcy of marriage without a
reasonable prospect of restoration, divorce is typically the only remedy. In instances of
domestic violence, the victim may obtain a protection order or invoke criminal remedies.

Historically, a third party involved in adulterous affairs with a spouse could be sued for
damages for contumelia (insult) and loss of consortium. However, this changed with the case
**RH v DE [20]**, where the Supreme Court of Appeal abolished the action on the ground
of adultery. This decision was upheld by the Constitutional Court in **DE v RH [21]**,
indicating that such actions can no longer be instituted. However, actions based on
enticement, where a third party intentionally persuades one spouse to leave the other, can
still be pursued.

Mnemonic: "Cats Get Prizes, Walruses Rejoice, Ducks Dance - Consortium's Grand Party,
Where Rules Dazzle"
 C - Cats (for Consortium)
 G - Get (for Grobbelaar in Grobbelaar v Havenga)
 P - Prizes (for Peter in Peter v Minister of Law and Order)
 W - Walruses (for Wiese in Wiese v Moolman)
 R - Rejoice (for RH in RH v DE)
 D - Ducks (for DE in DE v RH)