How is customary marriage done?
Requirements for a customary marriage The marriage must be negotiated, entered into or celebrated following customary law. The prospective spouses must be above the age of 18 years. Both prospective spouses must consent to the marriage. The parents of a prospective spouse who is a minor must consent to the marriage.
What is the difference between traditional and customary marriage?
Unlike civil marriages, customary unions occur gradually and are not concluded by single event such as a ceremonial signing of an official document. Thus, a marriage in terms of customary law is a familial matter which does not require the approval of an officiator in order to be regarded as valid.
What is the purpose of a customary marriage?
Customary marriage is a marriage that is conducted in accordance with the customs of the community of either one or both of the parties to the marriage in question. Customary Marriage system is one of the five systems envisaged by the Marriage Act, 2014.
How do I prove my marriage is customary?
Requirements for a valid customary marriage They must both consent to be married to each other under customary law; and. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
Can a person marry another person while married under customary law?
Spouses should also be aware that no law restricts them from entering a civil marriage. However, the only requirement is that there is no other person married to either of the spouses in terms of customary law marriage.
Does a customary marriage need to be registered?
Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.
Does lobola mean you are married in community of property?
Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) …
Who conducts customary marriage?
The requisite fees for registration of an existing customary marriage is Kshs. 3900. The Registrar then issues a Certificate of Customary Marriage under the prescribed form, after conducting any further investigations where necessary.
What are the types of customary marriage?
Customary norms, religious beliefs and social practices that influence gender-differentiated land rights
- There are as many customary laws in the country as there are communities.
- Three marriage types are recognized in the country: customary, religious and civil law marriages.
What happens if the customary marriage is not registered?
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.
Can customary marriage be dissolved?
Section 8 is instructive in providing that a customary marriage is to be dissolved by a decree of divorce granted by a competent court. As of necessity, this provision means that a customary marriage is to be dissolved like a civil marriage and that the provisions of the Divorce Act 70 of 1979 will apply.
What happens if you dont register customary marriage?
Registration of a customary marriage After the conclusion of the marriage, the spouses must ensure their marriage is registered within three months. However, failure or non-registration of the marriage does not affect its validity (s 4(9) of the RCMA).
What happens after lobola is paid?
Lobola cannot be paid in full in one go, the groom’s delegation will need to come again after the first negotiations to finish paying for their bride to be. Once the Lobola has been paid in full then the next step follows which is called Izibizo, which can happen on the day when lobola negotiations are concluded.
What is marriage customary law?
Customary Law marriage can be defined as the marriage contracted in accordance. with Native Law and Custom of a particular ethnic group.
Does lobola mean you are married?
Lobola itself is not marriage, but rather a part of the process of getting married under customary law.
Can a husband in a customary marriage enter into a customary marriage with another woman?
(6) A husband in a customary marriage who wishes to enter into a further customary marriage with another woman after the commencement of this Act must make an application to the court to approve a written contract which will regulate the future matrimonial property system of his marriages.