The couple must be consenting adults (over the age of 18) and not already in a civil marriage. Customary law does allow polygamy, but the groom will only be allowed to legally marry another bride if the High Court has given an order that regulates the matrimonial property system of the marriages.
What qualifies as a customary marriage?
Requirements for a valid customary marriage
The prospective spouses must both be above the age of 18 years; They must both consent to be married to each other under customary law; and. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
Is lobola customary marriage?
Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) …
What is the difference between civil and customary marriage?
What is a 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 are the requirements to register customary marriage?
Requirements for a customary marriages
- The marriage must be negotiated, entered into or celebrated in accordance with customary law.
- The prospective spouses must be above the age of 18 years.
- Both prospective spouses must consent to the marriage.
Is an unregistered customary marriage valid?
A woman in a customary marriage whose rights have been infringed upon has the right to access the courts and have her rights upheld. A customary marriage, even if unregistered, remains valid it if complies with section 3 of the Act, until proven otherwise.
What is a customary wife?
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”. … A woman gives this beaded necklace to a man when she agrees to marry him. It’s a symbol of her love for him.
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 happens if a customary marriage is not registered?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. … 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.
Does customary marriage have certificate?
If the registering officer is satisfied that a valid customary marriage has come into existence, the customary marriage will be registered and the parties will be provided with a registration certificate.
Can you marry a dead person in South Africa?
Any provincial or local division of the Supreme Court of South Africa making an order that the death of any married person shall be presumed, may, when making that order or at any time thereafter, on the application of such person’s spouse, make an order that the marriage in question shall be deemed to have been …
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. … The Registrar’s certificate is proof that notice of the marriage has been given with no objections, and the intending couple are free to solemnise the marriage.
Does civil marriage supersede customary marriage?
The civil marriage replaces the customary law marriage and on the basis that there is an entirely new marriage and not merely a change in proprietary system, parties should not be required to make an application to court.
How do I prove my marriage is customary in South Africa?
A marriage certificate will serve as written proof of the couple’s marital status.
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.
How much does it cost to get a marriage certificate in South Africa?
When you get married, you’ll be issued with a handwritten marriage certificate (BI-27) at no cost. For your convenience, it’s best to apply for your unabridged marriage certificate from the Department of Home Affairs as soon as possible thereafter.
What happens after paying lobola?
What happens after lobola negotiations? The moment the final lobola price is agreed upon, the uncles of the groom would meet with the family of the bride and arrange for the payment. After that is done, the groom becomes a part of the bride’s family, and a party would be thrown.