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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 act applies the civil divorce law (the Divorce Act, 1979) to customary marriages, meaning that a customary marriage can only be dissolved by the High Court or a regional civil magistrate's court and only on the grounds of irretrievable breakdown of the marriage. The power of traditional leaders and other customary institutions to grant ...
The "Shepstone system" enforced a "patriarchal arrangement" of hierarchy and became the foundation of policy for dealing with indigenous peoples in South Africa for many decades afterwards. [11] In 1847, the Natal Commission found that any "African law which was not incompatible with Roman-Dutch law would have to be used for the time being."
Divorce (or the dissolution of marriage) in South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the ...
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 ...
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.
The colonization of the West African region that lies across the Niger took place between the mid 19th century to 1960 when Nigeria became recognized as an independent nation. [1] This systemic invasion introduced new social, economic, and political structures that significantly altered Indigenous notions of gender fluidity and gender roles ...
African customary law is derived from the traditional customs and practices of the various indigenous groups of Africa. [20] Due to the diversity of traditional practices originating from many tribal populations, African customary law is not a uniform set of customs of any given country, rather there are variations between regional areas ...