What Is The Definition Of Customary Marriage In South Africa?

Customary Marriage in South Africa & the Division of Joint Estate from www.vandeventers.law

Customary marriage is one of the most popular forms of marriage in South Africa. It is a type of traditional union that is recognized by the state and is legally binding. The marriage is conducted by the customary law of the particular ethnic group and is usually based on the traditions and customs of that particular group.

In South Africa, the law recognizes two types of customary marriages: monogamous and polygynous. Monogamous marriages are those in which only one man and one woman are married. Polygynous marriages are those in which one man is married to multiple women. There are also certain criteria that must be met for a customary marriage to be legally recognized in South Africa.

The first criteria for a customary marriage is that both parties must be of the same ethnic group and must be of legal age. This means that both parties must be at least 18 years of age. In addition, both parties must consent to the marriage and must be aware of the marriage’s customary law. If either of the parties is not of legal age, the marriage will not be recognized as a valid customary marriage.

The second criteria for a customary marriage is that the marriage must be officiated by an authorized customary marriage officer. This officer is usually a tribal elder or a traditional leader who is recognized by the local community. The marriage officer must also be knowledgeable about the specific customary marriage law of the particular ethnic group. If the marriage is not officiated by an authorized marriage officer, the marriage will not be legally recognized.

The third criteria for a customary marriage is that the marriage must be conducted according to the customary law of the particular ethnic group. This means that the marriage must include certain rituals and ceremonies that are specific to the particular ethnic group. For example, in some ethnic groups, the bride and groom must exchange gifts or perform certain rituals during the wedding ceremony.

Finally, the fourth criteria for a customary marriage is that the marriage must be registered with the Department of Home Affairs. This means that the marriage must be officially recorded in order to be recognized as a valid customary marriage. The documents that are required to register a customary marriage include the marriage certificate, the marriage contract, and a marriage registration form.

In conclusion, a customary marriage in South Africa is a type of traditional union that is recognized by the state and is legally binding. The marriage is conducted according to the customary law of a particular ethnic group and must meet certain criteria in order to be legally recognized. The marriage must be officiated by an authorized marriage officer, conducted according to the customary law of the particular ethnic group, and registered with the Department of Home Affairs. Therefore, it is important to understand the definition of customary marriage in South Africa before entering into a traditional union.

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