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Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of ...
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. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences ...
There are several marital property regimes which can apply to a marriage in South Africa. By default, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share.
In terms of the Recognition of Customary Marriages Act, 1998 and the Matrimonial Property Act, 1984, the first marriage of a male with more than one wife is always considered to be in community of property. If a second marriage is entered into, the parties must enter into an antenuptial contract, which will regulate the distribution of the estate.
This also follows from the view that, though required for marriage, the agreement for the payment of lobola is separate from the contract of marriage itself. Section 8(3) of the Recognition of Customary Marriages Act makes statutory mediation provisions applicable to customary marriages as well, but mediation may also be conducted in accordance ...
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
Lobolo – A customary marriage, under the RCMA, is valid on the agreement to pay lobolo and does not require the payment of lobolo. Transfer of the bride – The transfer of a bride is another requirement for the validity of a customary marriage. The RCMA does not specifically regulate this custom and it is dealt with on an ad-hoc basis.