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).
What are the views on marriage?
Marriage ideally occurs when two individuals know each other, respect and cherish each other, and love each other as human beings. Marriages are partnerships of compassion, love and communication. When children come into a marriage new factors come in to play.
What is marriage defined as by law?
Definition. The legal union of a couple as spouses. The basic elements of a marriage are: (1) the parties’ legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law. See also Common-Law Marriage.
What is the difference between customary marriage and civil 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 makes 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.
How do you nullify customary marriage?
“It says a customary marriage may only be dissolved by a court by decree of divorce on a ground of irretrievable breakdown of the marriage,” Xulu said. This meant customary marriages should be dissolved in the same way as civil marriages, despite there being no need to register the former with Home Affairs.
What do you call living together but not married?
A cohabitation agreement is a contract between two people who are in relationship and live together but are not married.
What are the legal obligations of marriage?
Your Marital Rights
- ability to open joint bank accounts.
- ability to file joint federal and state tax returns.
- right to receive “marriage” or “family rate” on health, car and/or liability insurance.
- right to inherit spouse’s property upon death.
- right to sue for spouse’s wrongful death or loss of consortium, and.
What happens if a customary marriage is not registered?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.
How is a customary marriage different from a civil marriage?
Unlike civil marriages, customary unions occur gradually and are not concluded by single event such as a ceremonial signing of an official document. Thus, a marriage in terms of customary law is a familial matter which does not require the approval of an officiator in order to be regarded as valid.
When did customary marriage become legal in South Africa?
Civil marriages are not the only types of marriages recognised in our law in South Africa customary marriages are also given recognition provided certain requirements are met with. The Recognition of Customary Marriages Act 120 of 1998, came into operation on November 15, 2000 [1], and set certain legal requirements for a valid customary marriage.
When did the recognition of Customary Marriage Act come into effect?
The Recognition of Customary Marriages Act 120 of 1998, came into operation on November 15, 2000 [1], and set certain legal requirements for a valid customary marriage. The parties must both be over the age of 18 years, if not, special written consent from the Minister of Home Affairs must be obtained [2].
What does customary law mean in South Africa?
‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples; ‘customary marriage’ means a marriage concluded in accordance with customary law; ‘lobolo’ means the property in cash or in kind, whether known as lobolo, bogadi,
