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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 ...
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 ...
There are three different laws under which a marriage may be formed in South Africa: 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 ...
Pages in category "Marriage law in South Africa" ... Recognition of Customary Marriages Act, 1998 ... Code of Conduct;
[5] The Northern Republics of South Africa (Transvaal and the Free State) were less inclined to allow or accommodate a system of African customary law that was separate to the Republican law. [14] The British defeat by the Zulu in 1879 and the Zulu rebellion of 1906 had profound effects on South African law and customary law in Natal. [15]
Polygamy is legal under certain circumstances in South Africa. All polygamous marriages entered into in accordance with the provisions of the Recognition of Customary Marriages Act are legal. The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal.
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa.It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984.
In South Africa, where the custom of lobolo is widely practiced, the union was previously concluded in terms of customary law, but is now governed under the Recognition of Customary Marriages, 1998 (Act 120 of 1998) (RCMA) [1] and has the following prerequisites in order for a marriage to qualify under customary law: