Do I have to register my customary marriage?
Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.
When can you register a customary marriage in South Africa?
Customary marriages must be registered within 3 months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.
Does customary marriage have certificate?
If the registering officer is satisfied that a valid customary marriage has come into existence, the customary marriage will be registered and the parties will be provided with a registration certificate.
Is lobola a requirement for a customary marriage?
Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) …
Is an unregistered customary marriage valid?
A woman in a customary marriage whose rights have been infringed upon has the right to access the courts and have her rights upheld. A customary marriage, even if unregistered, remains valid it if complies with section 3 of the Act, until proven otherwise.
What is needed to register a customary marriage?
To register a customary marriage, the couple needs to take the following to Home Affairs:
- Copies of IDs and a lobola agreement letter, if available;
- One witness from the bride’s family;
- One witness from the groom’s family; or.
- A representative of each of the families.
What happens if a customary marriage is not registered?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. … In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.
What is customary marriage law in South Africa?
According to section 1 of the Act ‘customary marriage’ means a marriage concluded in accordance with customary law, while ‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples.
Who can apply to register a customary marriage?
To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.
How do you nullify customary marriage?
Dissolution of marriage in terms of the Act
Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.
How much does it cost to get a marriage certificate in South Africa?
When you get married, you’ll be issued with a handwritten marriage certificate (BI-27) at no cost. For your convenience, it’s best to apply for your unabridged marriage certificate from the Department of Home Affairs as soon as possible thereafter.
What is the difference between civil and customary marriage?
What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.