Search results
Results from the WOW.Com Content Network
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 ...
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 ...
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 ...
[59] Customary marriages are now valid and in all respects equal in status to civil marriage, [60] so that the Act is similar in its consequences and regulations to the Marriage Act and Civil Union Act, although the requirements for a valid marriage are different. South African law, generally speaking, does not permit polygamous marriages.
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 ...
The court considers the interests of all parties to the marriage and may add whatever conditions the court deems just for the polygamous marriage to be valid under customary law. Polygamous marriages are not allowed under the Marriage Act and the Civil Unions Act. A person married under the Civil Union Act which allows same-sex couples to marry ...
For premium support please call: 800-290-4726 more ways to reach us
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 ...