Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.
How do you end a customary marriage?
Section 8 is instructive in providing that a customary marriage is to be dissolved by a decree of divorce granted by a competent court. As of necessity, this provision means that a customary marriage is to be dissolved like a civil marriage and that the provisions of the Divorce Act 70 of 1979 will apply.
Is customary marriage Recognised in South Africa?
The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages.
What makes a customary marriage valid?
Requirements for a valid customary marriage
The prospective spouses must both be above the age of 18 years; They must both consent to be married to each other under customary law; and. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
Is customary marriage in community of property?
Section 7(1) of the Act indicates that the proprietary consequences of a customary marriage entered into before the commencement of the Act would continue to be governed by customary law, and s 7(2) provides that a monogamous marriage entered into after the commencement of the Act will be classified as a marriage in …
How do I end an unregistered customary marriage?
Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’. This alone indicates that mere separation will not exclude proprietary consequences in community of property, which will then apply automatically.
What is the difference between customary marriage and statutory marriage?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. … However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
Can a man marry two wives legally in South Africa?
Polygamy is legal under certain circumstances in South Africa. All polygamous marriages entered into in accordance with the provisions of the Recognition of Customary Marriages Act are legal. Therefore only men are allowed to marry more than one spouse of the opposite sex at the same time. …
Is customary marriage valid if not registered?
The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.
Can I get married during lockdown in South Africa?
Applications for passports (except for those permitted to travel in by the Disaster Management Act regulations), marriage registration and solemnisation of marriages are also suspended as is the collection of IDs.
Can you get married while married to someone else?
Under California law, a person cannot marry another person while stilll married. It would be necessary to first obtain a dissolution of marriage.
What is needed to register customary marriage?
Registering customary marriages
- the two spouses (with copies of their valid identity books and a lobola agreement, if available)
- at least one witness from the bride’s family.
- at least one witness from the groom’s family.
- and/or the representative of each of the families.
Is lobola a requirement for a customary marriage?
Lobola itself is not marriage, but rather a part of the process of getting married under customary law. … (In South Africa, couples of the same gender are allowed to marry under the Civil Union Act of 2006.) “It is very important to celebrate the customary marriage after lobola negotiations have been concluded.
What is meant by customary marriage?
By definition, a customary marriage is a union that is negotiated, celebrated and concluded in terms of indigenous African customary law. … Often, the wedding celebrations don’t take place for a while after the lobola negotiations and payment has been settled (in part or full).
Is lobola a marriage in community of property?
Couples who wish to marry out of community of property but have already commenced and concluded their lobola negotiations irrespective of whether they may have not concluded the various ‘rituals’ as required in terms of their customs may, if the various interpretations of the court are anything to go by, be regarded as …