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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.
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 ...
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 ...
"Customary Law v Common Law Marriages: A Hybrid Approach in South Africa". Journal of Comparative Law. 3 (1): 105– 118. Maithufi, IP; Bekker, JC (2002). "The recognition of the Customary Marriages Act of 1998 and its impact on family law in South Africa". Comparative and International Law Journal of Southern Africa. 35 (2): 182– 197.
Pages in category "Marriage law in South Africa" The following 9 pages are in this category, out of 9 total. ... Marriage Act, 1961 (South Africa) Marriage Bill, 2023; P.
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 Immorality and Prohibition of Mixed Marriages Amendment Act, 1985 (Act No. 72 of 1985) is an act of the Parliament of South Africa that repealed the laws prohibiting marriage and sexual intercourse between white people and people of other races.
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.