Quick Answer: How Do You End A Customary Marriage?

What does the law say about 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.

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

Does lobola qualify as marriage?

The first two requirements in s 3(1) of the Act are fairly easy to prove, namely that both parties must be over 18-years-old and that both parties must have consented to enter into the marriage. … Moreover, couples that cohabit after the conclusion of a successful lobola negotiations, will be deemed to be married.

Can customary marriage be registered?

Traditional marriages will only be recognised as lawful if they have been registered. In line with this law, the marriage can be registered at any office of the Department of Home Affairs within a period of three months after the customary wedding took place. …

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 lobola legally binding?

“By merely paying or receiving lobola in full without the requisite celebration, the marriage is not concluded in accordance with customary law, and therefore considered invalid,” says Manyike.

What would make a marriage invalid?

Fraud: States may void a marriage if one spouse can prove that their partner misled them into the marriage. … If one or both spouses were not physically present at the time, the marriage is invalid; and. Duress: Similar to fraud, a marriage may be invalid if one spouse proves that the other coerced them into the marriage …

Why is it important to register your marriage?

Besides providing security to both partners, registering your wedding also makes things a lot smoother in a country where rules are prone to change. It helps couples to travel abroad on a spouse visa, and a marriage certificate is obligatory when applying for a residency in a different country.

How do I get out of 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’.

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 is customary marriage performed?

The specific customary rites that are followed vary from group to group, although in virtually all cases customary marriage involves a gathering at which the bridegroom’s family makes payment of a bride-price to the bride’s family, followed by the bride being asked if she will accept the bridegroom as her husband.

What are the requirements of customary marriage?

Requirements for a customary marriageThe marriage must be negotiated, entered into or celebrated following customary law.The prospective spouses must be above the age of 18 years.Both prospective spouses must consent to the marriage.The parents of a prospective spouse who is a minor must consent to the marriage.More items…•Oct 22, 2019

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.

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.

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.