How do I prove my marriage is customary?
In terms of Section 3(1) of the Act, in order for a customary marriage to be valid, it has to be entered into by a man and woman over the age of 18 years who have the intention of getting married under Customary Law, and the marriage must be negotiated and entered into or celebrated in accordance with Customary Law.
What makes a customary marriage valid in South Africa?
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 I register a customary marriage?
To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.
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 qualifies as a customary marriage?
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.
How do I dissolve a customary marriage in South Africa?
“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.
Do customary marriages have 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.
How do I get out of 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 a customary marriage in or 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.
How do I change my civil marriage to customary marriage in South Africa?
You cannot convert a civil marriage into a customary marriage, but spouses married according to civil law can, if they so wish, have a customary wedding. If this happens, civil law and not customary law will apply.
Can customary marriage be registered after death?
‘ Ms Williams said that in the case of a wife wishing to register a customary marriage after the death of her spouse, officials may ask that the wife bring a family member of the husband to confirm the marriage, however the husband’s family may not wish to recognise the marriage in order to inherit the estate.
What makes customary law valid?
Validity of customary law
This test generally means that where a subject matter is governed exclusively by a law or statute for the time being in force, any customary law that is inconsistent with such a law or statute cannot be valid.
How do I register a customary marriage in South Africa?
To register a customary marriage, the couple needs to take the following to Home Affairs:
- Copies of IDs and a lobola agreement letter, if available;
- One witness from the bride’s family;
- One witness from the groom’s family; or.
- A representative of each of the families.
Does civil marriage override customary marriage?
The Recognition of Customary Marriages Act 120 of 1998 allows for such dual marriages without specifying the consequences thereof. Most commentators have interpreted the provisions to perpetuate the historical position; the civil marriage terminates the customary marriage.