Is customary marriage Recognised in South Africa?

How do I prove my marriage is customary in South Africa?

A marriage certificate will serve as written proof of the couple’s marital status.

What makes a Customary Marriage Valid?

  1. Copies of IDs and a lobola agreement letter, if available;
  2. One witness from the bride’s family;
  3. One witness from the groom’s family; or.
  4. A representative of each of the families.

Is customary marriage legal in South Africa?

The Recognition of Customary Marriages Act (RCMA) became law on the 15 November 2000. If you were in an existing valid marriage under customary law before this date, your marriage is recognised under this new law.

What makes a customary marriage valid?

The requirements are as follow: The marriage must be negotiated, entered into or celebrated in accordance with customary law. This means that the marriage must be entered into in line with the traditions and customs of the parties. … Both parties’ consent is required for the marriage to be valid.

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.

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Can you marry a dead person in South Africa?

Any provincial or local division of the Supreme Court of South Africa making an order that the death of any married person shall be presumed, may, when making that order or at any time thereafter, on the application of such person’s spouse, make an order that the marriage in question shall be deemed to have been …

Is customary marriage automatically in community of property?

As a result, the Act now provides that the default matrimonial system for monogamous customary marriages is a marriage in community of property and of profit and loss, unless the parties enter into an antenuptial contract excluding community of property, profit and loss.

How can a customary marriage be dissolved?

A customary marriage may, therefore, be dissolved by a decree of divorce, based on the ground of the irretrievable breakdown of the marriage.

Does a customary marriage need to be registered?

‘(1) The spouses of a customary marriage have a duty to ensure that their marriage is registered. … (6) If a registering officer is not satisfied that a valid customary marriage was entered into by the spouses, he or she must refuse to register the marriage.

What is the difference between civil and customary marriage?

What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

What is traditional or customary marriage?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. … The marriage can then be solemnised at a registered place of worship (church/mosque) or the office of the Registrar.

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