The members of the south african law reform commission are. If we are going to speak of traditional african concepts and customs regarding marriage and the family, a few clarifications are called for. Chapter 29 the law of marriage act between husband. Recognition of domestic partnerships in south african law. A religious viewpoint introduction africa is one continent with several worlds. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force. A man in south africa may have more than one spouse but a south african woman may only have one spouse. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of. The recognition of customary marriages in south africa. In this act, unless the context otherwise indicates i magistrate includes an additional and an assistant magistrate.
Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. The first is that the context of this article is subsahara africa. The formalities for a valid marriage in terms of south african law, information about civil unions and partnerships and the formalities that needs to be followed. African customary marriages in south africa and the intricacies of a mixed legal system. A perspective on marriages and civil unions in south. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Chapter 29 the law of marriage act between husband and wife. Getting married in south africa south african embassy in. Recognition of customary marriages act, 1998 wikisource. The consequences of this nonrecognition have been particularly unfair to muslim women.
Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. Authority of marriage officers in south west africa. The decision of the constitutional court in the case of minister of home affairs v fourie on 1 december 2005 extended the commonlaw definition of marriage to include samesex spousesas the constitution of south africa guarantees equal protection before the law to all citizens. Marriage act botswana 11 years ago haoyichen laws and acts governing the system. Getting married in south africa south africa marriage license requirements all persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. The following documents are required to register any of the mentioned marriages. Definitions in this act, unless the context otherwise indicates. Ministers of religion, how far entitled to be marriage officers. Home divorce maintenance children abuse cohabitation same sex family law ebooks family law links about the author contact. It gives women in customary law marriages the same status and protection as women in civil law marriages. It is worth noting that the constitutional court has used the term permanent life. In this act, unless the context otherwise indicates.
Formalities of marriage in south africa samesex relationships unmarried parents and children parental rights and responsibilities care and contact custody of children divorce in south africa divorce process in south africa division of assets in divorce divorce and retirement funds rule 43 and interim maintenance divorce a missing spouse. Links to family law and divorce law legislation in south africa. Marriage, acts of the parliament of south africa the recognition of customary marriages act, 1998 act no. Married persons equality act 1 of 1996 namibia legal. The new recognition of customary marriages act became law on 15 november 2000, together with regulations under the act. Marital status in south africa the following legislation regulates the marital status of persons in south africa. The marriage act only provides for monogamous oppositesex marriages. Marriage act chapter 150 revised edition 2012 1962 published by the national council for law reporting with the authority of the attorneygeneral. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Marriage act, 1961 wikisource, the free online library. The prohibition of mixed marriages act in south africa.
The act also introduces equality between husband and wife into the marriage relationship. Cohabitation, marriage and remarriage patterns in africa. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Whereas section 91 of the constitution of the republic of south africa, 1996, provides that everyone is equal before the law and has the right to equal protection and benefit of the law. Gives full legal recognition to a customary marriage. Recognition of customary marriages act 120 of 1998 3. Effect of nonobservance of the conditions of this act. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Archived from the original pdf on 14 november 2012. 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.
Samesex marriage in south africa has been legal since the civil union act came into force on 30 november 2006. Pdf african customary marriages in south africa and the. In south africa civil marriages are administered through the marriage act, 1961 act no. Formalities for marriage in south africa family law. Short title this act may be cited as the marriage act. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961.
Recognition of customary marriages act, 1998 wikipedia. Pdf law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two. Within that context, i use traditional in the sense of what was customary up. South africa marriages and divorces 2012 overview datafirst. Married persons equality act 1 of 1996 namibia legal database. The document includes the marriage registration act in botswana attachments. This act may be cited as the law of marriage act, 1971, and shall, subject to the provisions of section 166, come into operation on the 1st day of may, 197 1. Interpretation in this act, except where the context otherwise requires district means a marriage district constituted under this act. The act banned marriages between europeans and noneuropeans, which, in the language of the time, meant that white people could not marry people of other races. Notwithstanding anything to the contrary contained in this act or a prior law or in any written instrument issued in terms of section 4 or a prior law, any person who is a marriage. The recognition of customary marriages act, 1998 act no. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of a few thousand.
The recognition of customary marriages act the new act. A perspective on marriages and civil unions in south africa. Except as aforesaid, and except as in section 37 of this act non observance provided with respect to marriages under that section, no of the condl marriage otherwise lawful which has been actually solem tions of ths ac nized shall be declared void on the ground that any of. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. Due to their potentially polygamous nature, islamic marriages are not recognised in terms of south african law. Although a civil marriage is often preceded by an engagement, an. Civil, christian, customary, hindu and islamic marriages.
African women by officially recognising all african customary marriages in south africa. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Marriage act 25 of 1961 sa marriage act 25 of 1961 sa. Marriage act or customary marriages act or registered as a spouse in a marriage or a. Sets down the rules for a proper customary marriage. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. This act may be cited as the muslim marriage and divorce act. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of.
University of south africa muckleneuk, pretoria pvl2601120122015 98758411 3b2 the study guide reflects the law as at 1 august 2011. Pdf south africa has a mixed legal system comprising of transplanted european laws the core being romandutch law, subsequently influenced by english. This was especially through the equality clauses and the equality act. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. The law of marriage act an act to regulate the law relating to marriage, personal and property rights as between husband and wife, separation, divorce and other matrimonial reliefs and other related matters. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The marriage act, 2014 recognizes five 5 systems of marriage, namely. Country criminal provisions laws against advocacy recognition of samesex marriage commit an unnatural offense, also a crime, is, punishable on conviction by a sevenyear prison term.
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