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.
Is lobola legal in South Africa?
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.
Is unregistered customary marriage valid?
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.
Is lobola legal marriage?
Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) …
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?
- 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.
Can customary marriage be registered?
Registering customary marriages
Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.
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.
Is customary law legally binding?
Why is customary international law binding? States recognize that treaties and customary international law are sources of international law and, as such, are binding. This is set forth, for example, in the Statute of the International Court of Justice.
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.
Can you divorce in customary marriage?
The Act made it possible for customary marriages to be registered and to regulate the rights of all parties involved in the marriage during the marriage, a divorce, or dissolution.
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.
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.