Unregistered Customary Marriages & Legal Implications In South Africa
What makes a customary marriage valid?
According to the Recognition of Customary Marriages Act, the following is necessary for a customary marriage entered into after 15 November 2000 to be valid:
- Both spouses must be above the age of 18 years. If either the man or the woman is below the age of 18, the parents or legal guardian must consent to the marriage for it to be valid.
- Both spouses must agree to be married to each other under customary law.
- Marriage negotiations, rituals, and celebrations must follow customary law.
If the customary marriage was entered into before 15 November 2000, then it is valid if it meets the customary law requirements for a valid marriage. The law recognises that these requirements vary in different parts of South Africa.
Do you need to register a customary marriage in South Africa?
The Recognition of Customary Marriages Act provides that any customary marriage entered into after 15 November 2000 must be registered within three months after the date of marriage. However, the Act specifically provides that failing to register the customary marriage does not invalidate or nullify the marriage.
How to dissolve an unregistered customary marriage in South Africa?
Customary marriages can only be ended by obtaining a divorce order in a court of law or by the death of one of the spouses. To divorce your spouse, you must show the court that the marriage has broken down irretrievably and reached such a state of disintegration that there is no reasonable prospect of the restoration a normal marriage. The following can be regarded as grounds for divorce:
1.3.1 The parties are incompatible as husband and wife.
1.3.2 There is no meaningful communication between the parties.
1.3.3 The parties no longer have any love and affection for each other.
1.3.4 There are no reasonable prospects that the parties may become reconciled through marriage counselling, treatment or reflection.
How do I prove my marriage is customary in South Africa?
A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the indigenous African customs. In that regard, a party will be required to prove that there was a negotiation that took place and that a celebration took place. The following evidence can be presented to the registering officer to prove that the marriage took place and fulfilled the requirements of the RCMA:
2.4.1 Minutes of the negotiations, known as the Lobola letter; and
2.4.2 Pictures or videos of the couple in their wedding outfits in celebration of their union.
Is customary marriage Recognised in South Africa?
In South Africa, customary marriages are governed by the Recognition of Customary Marriages Act 120 of 1998 (hereinafter referred to as the Act). The primary purpose of the Recognition of Customary Marriages Act is to acknowledge and recognise the customary marriages of black South Africans, which unions have been and are to be entered into following the indigenous customs of the parties to the wedding.
Book A Consult With Specialist Customary Marriage Lawyers In South Africa Today
Unregistered customary marriages can have significant legal implications for the parties involved. Such marriages are not recognised as lawful marriages, and the parties do not enjoy the legal protections and benefits that come with a registered marriage. However, steps can be taken to rectify the situation, including registering the marriage with the Department of Home Affairs and entering into a written contract that outlines the terms and conditions of the marriage. Parties to an unregistered customary marriage need to seek legal advice and take appropriate action to protect their rights and interests.