Acts online provides legislation, including amendments and regulations, in an intuitive, online format. African customary marriages in south africa and the intricacies of a mixed legal system. A perspective on marriages and civil unions in south africa. 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. Marriage act, 1961 wikisource, the free online library. 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. Be it enacted by the parliament of the republic of south africa, as follows. Pdf law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two. 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. Short title this act may be cited as the marriage act. Civil marriage is also common in some african countries like south africa. Civil, christian, customary, hindu and islamic marriages.
Interpretation in this act, except where the context otherwise requires district means a marriage district constituted under this act. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Since the commencement of the recognition of cu stomary marriages act no 120 of 1998 on. Marriage act or customary marriages act or registered as a spouse in a marriage or a. In this act, unless the context otherwise indicates i magistrate includes an additional and an assistant magistrate. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. The marriage act only provides for monogamous oppositesex marriages. There are three different laws under which a marriage may be formed in south africa. 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. The recognition of customary marriages act, 1998 act no.
For the first time in south africa every person could claim equality before the law and equal protection by the law. In this act, unless the context otherwise indicates. The administration of this act was transferred to south west africa by the executive powers interior transfer proclamation, ag 17 of 1978, dated 30 march 1978. A man in south africa may have more than one spouse but a south african woman may only have one spouse. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. The members of the south african law reform commission are. Marriage officers under laws repealed by this act 1 any person who, at the commencement of this act, or of the marriage amendment act, 1970, is under the provisions of any prior law authorized to solemnize any marriages, shall continue to have authority to solemnize such marriages as if such law had not been repealed, but shall exercise. Although a civil marriage is often preceded by an engagement, an.
Formalities for marriage in south africa family law. Pdf south africa has a mixed legal system comprising of transplanted european laws the core being romandutch law, subsequently influenced by english. Effect of nonobservance of the conditions of this act. Chapter 29 the law of marriage act between husband and wife. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Samesex marriage civil marriage became legal in south africa on 30 november 2006 when the civil unions bill was enacted after having been passed by the south african parliament earlier that month. Ministers of religion, how far entitled to be marriage officers. The prohibition of mixed marriages act in south africa. Archived from the original pdf on 14 november 2012. Getting married in south africa south african embassy in. The marriage act, 1961, which allows for the solemnisation of a civil or religious marriage between a man and a woman.
Recognition of customary marriages act, 1998 wikipedia. The following documents are required to register any of the mentioned marriages. 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. Be it enacted by the state president and the parliament of the republic of south africa, as follows. Recognition of customary marriages act 120 of 1998 3. Pdf african customary marriages in south africa and the. Cohabitation, marriage and remarriage patterns in africa. 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 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. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Amended by births and deaths registration act 51 of 1992. Couples marry according to the customs and usages traditionally observed among indigenous peoples of south africa and which form part of the culture of those peoples. The recognition of customary marriages act, 1998, which allows for the registration of marriages under african customary law. 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. 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. The document includes the marriage registration act in botswana attachments. To amend the marriage and matrimonial property law with re gard to certain marriages. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. Some communities customary law allows for polygynous marriages, and these are recognised subject to certain conditions. 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. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. Marital status in south africa the following legislation regulates the marital status of persons in south africa.
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