Native and aboriginal customary marriages and divorces remain valid if they are valid under the relevant native customary law or aboriginal custom unless the couple elect to marry under the LRA. Muslim marriages continue to be celebrated as a religious marriage.
Is customary marriage legally Recognised?
The Recognition of Customary Marriages Act (RCMA) became law on the 15 November 2000. If you were in an existing valid marriage under customary law before this date, your marriage is recognised under this new law.
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.
Is a customary marriage that is not registered valid?
The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.
What are the rules of customary marriage?
Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands.
What is the advantage of customary marriage?
Customary law allows the husband, by virtue of his matrimonial power, to dispose of assets, including land, on behalf of the family when property is held jointly. When a woman contracts into a customary marriage, the husband has the legal power to dispose of land on behalf of the family (17).
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.
What type of marriage is customary?
Description: A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. This doesn’t include marriages concluded in Hindu, Muslim or other religious rites.
Is a customary marriage in community of property?
A customary marriage is automatically considered to be in community of property. This means that all the assets and debts from before the marriage are shared in a joint estate between spouses.
Are you married if lobola is paid?
You are NOT married if only lobola was paid! Attorney Tebello Motshwane, founder of Sister in Law, says there are three types of marriages recognised by the South African law: Civil union, governed by the Civil Union Act 17 of 2006. This allows for same sex marriages.
What is the difference between statutory and customary marriage?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
What is the meaning of customary marriage?
A marriage contracted according to traditional custom and recognized by customary law.
Why customary law is important?
Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.