Are Religious Marriages Recognised in South Africa
What is marriage?
Marriage is a legally and socially sanctioned relationship, usually between a man and a woman, governed by laws, norms, customs, beliefs, and attitudes that define the partners’ rights and duties.
What are the types of marriage?
South African law recognises three types of marriages: civil marriages, customary marriages, and civil unions.
What is the purpose of marriage?
The purpose of marriage is to promote fellowship, companionship, and mutual support and pleasure between spouses.
What is a religious marriage?
A religious marriage is one that is celebrated by a cleric in accordance with the authorised ceremonies of a religion, religious body, denomination, or sect to which one or both of the marriage parties belong.
Are religious marriages recognised in South Africa?
South African law does not recognise religious marriages as legal unions, but in some circumstances it provides protection to the couple.
What are the prerequisites for a valid marriage in South Africa?
Both potential spouses must be over the age of 18; they must both consent to be married under customary law and the marriage must be arranged, entered into, or celebrated in accordance with customary law. The marriage must be registered with the Department of Home Affairs.
What kinds of marriages were outlawed during the apartheid in South Africa?
The Prohibition of Mixed Marriages Act, Act No. 55 of 1949, was an apartheid law in South Africa that prohibited marriages between “whites” and “non-whites”.
Why are Hindu marriages not recognised in South Africa?
Hindu marriages are polygamous in nature and such a marriage is not recognised as a valid marriage in South Africa.
