By Sasha Goldstein Hindu law in South Africa is similar to that of Muslim and Jewish law. All these legal systems are currently unrecognised, and the implication is that marriages concluded in terms of Hindu law are not recognised as valid marriages due to their non-compliance with the Marriage Act[1] and their potentially polygamous nature.… Continue Reading
Amendments to the Recognition of Customary Marriages Act, 1998
The recent amendments to the Act provide greater clarity regarding the proprietary consequences of customary marriages entered into before 1998. In summary, the changes now allow spouses to share in the joint estate of their spouse upon dissolution of the marriage, whether they were married in terms of customary law before or after 1998, and… Continue Reading
Must a customary marriage be registered to be valid?
The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced. The Act defines ‘Customary Law’… Continue Reading
Customary Marriages: I think I’m married, but am i?
The Recognition of Customary Marriages Act, 120 of 1998, that came into operation on 15 November 2000, gives full legal recognition to customary marriages in South Africa. The following summarises the position: The law recognises your customary marriage if: you and your spouse are both older than 18; You have both agreed to be married… Continue Reading
Customary Marriage and Divorce, how does it work and what is required?
Source: Shando Theron (Theron and Theron’s Divorce and Matrimonial attorneys in Johannesburg) www.divlaw.co.za, shando@divlaw.co.za Introduction: A customary marriage is one where the spouses are married in terms of custom as opposed to the laws of a country, usually referred to a as civil marriage. Civil marriages are registered with home affairs and usually the couple… Continue Reading
WHAT IS THE LEGAL STATUS OF A (NIKAH) MUSLIM MARRIAGE IN SOUTH AFRICA?
Source: Abdul Buckus buckusattorneys@gmail.com The legal status of (Nikah) Muslim marriages in South Africa is amongst the most frequently queried legal issues, which unfortunately still attracts the most divergent responses. A brief overview. Prior to the advent of democracy, (Nikah) Muslim marriages, together with Hindu and other Traditional marriage, were not recognized as having the… Continue Reading
Party married according to Islamic law entitled to share of spouse’s pension
The Office of the Pension Funds Adjudicator has reiterated it will not discriminate against parties married under the terms of Islamic law. This position was made clear by Muvhango Lukhaimane in a determination in which she ordered Sanlam’s Staff Umbrella Pension Fund to reverse its earlier decision not to pay a complainant, Ms Z Paulse,… Continue Reading
A summary of customary marriages in South Africa
The Recognition of Customary Marriages Act, 120 of 1998 (RCMA), that came into operation on 15 November 2000, gives full legal recognition to customary marriages in South Africa. The following summarises the position: The law recognises your customary marriage if you and your spouse are both older than 18; You have both agreed to be… Continue Reading
MATRIMONIAL PROPERTY IN CIVIL & CUSTOMARY MARRIAGES
What is a Civil Marriage? This is a marriage in terms of the Marriage Act No 25 of 1961 and the Matrimonial Property Act No 88 of 1984. How do you marry in civil law? A marriage officer, i.e. a priest or magistrate, performs the ceremony. The couple signs a register. Each spouse receives a… Continue Reading
Any Chance Of Emancipation For The African Woman
In this case, involving succession to the whole of the estate of a deceased person who died intestate, the respondent (father of the deceased) opposed an application by the widow to succeed to the estate. Any chance of emancipation for the African woman? Mthembu v Letsela and Another 1997 (2) SA 936 (T) Mandla Nkala (Candidate… Continue Reading
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