What Is Customary Marriage in South Africa
Recognizing customary weddings act 120 of 1998 (the act), customary marriages are accepted as legal unions.
Following November 15, 2000, the act established specific standards that must be followed.
The following criteria apply:
Whether negotiating, entering into, or celebrating the marriage, customary law must be followed. This implies that the partners must enter the marriage according to their traditions and customs.
The wedding parties must be at least 18 years old. Both of the parties’ parents or legal guardians must approve the marriage if one or more of the parties are minors (under the age of 18).
Additionally, the parties must not be blood related to be legally able to marry each other. For instance, a brother and sister are not permitted to be married.
The marriage is legitimate only if both parties agree to it. A person who is incapable of giving permission, such as a mentally ill person, cannot get married.
The union must be lawful.
In accordance with the act, the payment of lobola is not a mandatory necessity, although it is accepted as customary when a customary marriage is consummated.
Parties to a customary marriage must register the union at the department of home affairs within three months of the wedding’s end.
The customary marriage will be registered, and the parties will get a registration certificate if the registering officer is confident that a valid customary marriage has occurred.
This registration document will serve as evidence of the customary marriage’s existence and might help resolve any potential future conflicts.
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What distinguishes a civil marriage from a customary marriage?
There are specific conditions that must be met to conclude a lawful customary marriage; in contrast to civil weddings, which are viewed as unions between two individuals and need monogamy to be valid, polygamy is permitted in customary marriages.
What happens if I don’t register my customary marriage?
When a non-registered customary marriage ends, one of the parties may no longer have a claim to the property. Because they neglected registering their weddings, several divorcing couples lost all they had invested.
What advantages can traditional marriages offer?
A customary marriage should be registered because it makes it simpler to receive maintenance, assert a claim to a deceased spouse’s assets, demonstrate a claim to a deceased estate, and enable a woman to maintain her property rights if her husband marries someone else.
Can a spouse in a traditional marriage get married to another lady in traditional marriage?
A spouse in a traditional marriage is not allowed to wed another lady in a civil ceremony. A court of law may only issue a divorce decree, which can only be granted if the marriage has irreparably broken down to the point that it cannot be repaired.
