Can Customary Marriage Be Registered?

When must a customary marriage be registered?

within 3 monthsCustomary marriages must be registered within 3 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 makes a customary marriage valid?

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. The parties who are getting married must be 18 years or older.

Where can I register my customary marriage?

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.

How do you nullify customary marriage?

Dissolution of marriage in terms of the Act Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.

What is the difference between customary and civil 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.

Is lobola a requirement for a customary marriage?

It is the last requirement, that ‘the marriage must be negotiated and entered into or celebrated in accordance with customary law’, which the courts have grappled with. … Moreover, couples that cohabit after the conclusion of a successful lobola negotiations, will be deemed to be married.

Is unregistered customary marriage valid?

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 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.

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.

What is meant by customary marriage?

What is a customary union? According to the definition in the Act, a marriage in terms of customary law requires the use of customs and traditions usually observed among the indigenous African people of South Africa, which forms part of the culture of those people.