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A developing modern state had to determine whether it should recognize such traditions as it was establishing a centralized system of law. In South Africa, for example, the Recognition of Customary Marriages Act, 1998 retrospectively recognizes as valid all customary marriages so long as they are registered. Further, s2(3) of the Act provides ...
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 ...
Recognition of Customary Marriages Act, 1998, which recognised marriages under African customary law; ... Marriages Validity Act 1886 (49 & 50 Vict. c. 3)
In respect of marriage, the first democratic Parliament passed the Recognition of Customary Marriages Act of 1998, which codified and reformed the law of African customary marriages, including polygynous marriages. The Act defines customary law broadly, as including all "the customs and usages traditionally observed among the indigenous African ...
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.
The Recognition of Customary Marriages Act, 1998 recognises marriages under African customary law as valid marriages, though they are not legally identical to marriages under the Marriage Act. The Civil Union Act, 2006 allows for inter alia same-sex marriages which are legally equivalent to marriages under the Marriage Act.
Story at a glance Legislation introduced Monday would repeal the Defense of Marriage Act (DOMA) and bolster protections for married same-sex and interracial couples nationwide. The House is set to ...
The Marriage Act, 1961, [5] which allows for the solemnisation of a civil or religious marriage between a man and a woman. The Recognition of Customary Marriages Act, 1998, [6] which allows for the registration of marriages under African customary law. Some communities' customary law allows for polygynous marriages, and these are recognised ...