What Makes A Customary Marriage Valid?

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..

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.

Can you annul a marriage for cheating?

An annulment cancels a marriage in such a way that it is completely and legally erased. Annulling a marriage means that it was never valid, and therefore, never existed. … In most cases, the answer is usually no, finding out your spouse is cheating on you is usually not grounds for an annulment.

What happens if you lie on your marriage certificate?

It’s Ilegal to Lie on Applications However, the lie does not necessarily invalidate your marriage. Withholding information about how many times you were previously married or how old you are is generally considered immaterial to your marriage.

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.

How do I register my wedding customary?

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 happens if a customary marriage is not registered?

Section 4(3) of the Act provides for customary marriages to be registered within a stipulated time period. However, failure to register a customary marriage does not affect its validity. Many customary marriages, to date, remain unregistered.

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.

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 …

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.

What makes a marriage null and void?

A bigamous marriage occurs when one of the spouses is already married to another person. Incestuous marriages and bigamous marriages are illegal right from the start. That makes them null and void. Other marriages are voidable rather than void.

What is a valid customary marriage?

Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”). … 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 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’.

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.

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.