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

African marriages and antenuptial contracts

Customary law marriages are governed by customary law, the Recognition of Customary Marriages Act and the Matrimonial Property Act. In terms of these acts, marriages are automatically in community of property unless the parties enter into an antenuptial contract (ANC) before their marriage. If parties to a customary marriage wish to get married out of community… Continue Reading

Civil and Customary Marriages

Is a civil marriage concluded subsequent to a customary marriage valid or not? Source: DAVE WILLIAMS, COUNCILLOR: LIMPOPO LAW COUNCIL (with full credit to Mr Allen West) Is a civil marriage concluded subsequent to a customary marriage valid or not? CIVIL MARRIAGES 1.            Marriages in terms of the Black Administration Act No. 38 of 1927 – Period 1929 to… Continue Reading

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