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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 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.
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 ...
A marriage certificate is given to a couple who have married. Until the introduction of electronic registration of marriages in May 2021, copies were made in two registers: one was retained by the church or register office; the other, when the entire register is full, was sent to the superintendent registrar of the registration district.
The law of divorce for civil partnerships is the same as that for marriage. The Civil Union Act makes no explicit provisions for the recognition of foreign unions. Based on the principle of lex loci celebrationis, a foreign marriage (including a same-sex marriage) is recognised as a marriage in South African law. However, the status of foreign ...
Marriage Confirmation Act 1830 (11 Geo. 4 & 1 Will. 4. c. 18) (short title: 1896 Act, s.1) Marriage and Registration Act 1856 (19 & 20 Vict. c. 119) (short title: 1896 Act, s.1) Foreign Marriage Act 1892; Marriage with Foreigners Act 1906; Marriage of British Subjects (Facilities) Act 1915; Marriage of British Subjects (Facilities) Amendment ...
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all ...
The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages is a treaty agreed upon in the United Nations on the standards of marriage. The treaty was drafted by the Commission on the Status of Women and opened for signature and ratification by General Assembly resolution 1763 A (XVII) on 7 November 1962.