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Jurisdiction of Courts: Specifies the jurisdiction of courts in matters related to marriage, divorce, inheritance, and maintenance under the Uniform Civil Code. Exemptions: Scheduled Tribes: The Act exempts members of Scheduled Tribes from its provisions, allowing them to continue following their customary laws in personal matters. [20]
It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. The act was signed by President Nelson Mandela on 20 November 1998 but only came into force on 15 November 2000.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
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.
While polygamous marriages are not legally recognized under the civil marriage laws of Namibia, a bill was successfully passed in 2003, based on the model in South Africa, [1] which recognizes polygamous unions under customary law; affording a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody.
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.
In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. [1] However, the majority of marriages in Zimbabwe are customary; the relevant African Marriages Act of Zimbabwe recognises both polygamous and "potentially polygamous" unions. Most of these customary marriages are unregistered. [2]
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