Your question: Is there a place for customary law marriage in South Africa?

Is customary marriage Recognised in South Africa?

Moshe and Neno wants to get married in terms of custom. However, they are worried their marriage will not be recognised in South Africa. … Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”).

Is customary marriage in community of property in South Africa?

A customary marriage is automatically considered to be in community of property. This means that all the assets and debts from before the marriage are shared in a joint estate between spouses.

Can a husband in a customary marriage enter into a customary marriage with another woman?

A spouse in a customary marriage cannot enter into a civil marriage with another woman. Only the court of law can grant a divorce decree and the ground of divorce is the fact that the marriage has broken down to an extent that it cannot be restored.

Do customary marriages have 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.

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Does a customary marriage need to be 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.

What is the importance of registering a customary marriage?

Registration is important as it provides de facto proof of the marriage. A customary marriage is entered into in accordance with the traditional customs and culture of South Africa’s indigenous people. It is negotiated, entered into or celebrated according to African customary law such as lobolo.

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.

Can a customary marriage be out of community of property?

A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.

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.

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How is a customary marriage dissolved?

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.