Question: How Do You Nullify Customary Marriage?

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..

How do I prove my marriage is customary in South Africa?

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.

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 is traditional or customary marriage?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. In Nigeria this could involve the paying of bride price, giving of gifts, etc. Marriage under the Act is a marriage that has been performed in compliance with the Marriage Act.

How many wives can you have in South Africa?

The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal. Hence former President Jacob Zuma currently has four legally-recognised wives.

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.

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 the difference between civil and 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.

Is lobola a requirement for a customary marriage?

The lobola was negotiated and the families agreed on a sum of R 12 000. Of this sum, R 9 000 was paid, which was accompanied by various gifts. … 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.

How much is a marriage certificate at home affairs?

Should you require an additional or abridged marriage certificate, you can request one from Home Affairs (by filling in form BI-130). The first abridged certificate is free of charge, with additional copies costing R75.

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.