What qualifies as a customary marriage?
Requirements for a valid customary marriage
The prospective spouses must both be above the age of 18 years; 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.
Is customary marriage automatically in community of property?
Other Legal Implications of a Customary Marriage:
A customary marriage is automatically considered to be in community of property. This means that all the assets and debts from before the marriage are shared in a joint estate between spouses.
What is traditional or customary marriage?
Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. … The notice of marriage is given by the intending couple filling and signing a form after payment of a prescribed fee in the office of the Registrar.
What is the difference between civil and customary marriage?
What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
Can a customary marriage be out of community of property?
A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.
Does lobola qualify as marriage?
Lobola itself is not marriage, but rather a part of the process of getting married under customary law. … (In South Africa, couples of the same gender are allowed to marry under the Civil Union Act of 2006.) “It is very important to celebrate the customary marriage after lobola negotiations have been concluded.
Can a polygamous marriage be in community of property?
This is the reason why in most polygamous marriages we find that one spouse is married in community of property and the other spouse is married out of community of property. … It is evident that a further customary marriage without a court-approved written contract influences one or both of the spouses negatively.
How many wives are allowed in a customary marriage?
Customary marriages, which are regulated by the Customary Marriages Act. These marriages are potentially polygamous, which means that husbands are allowed to marry more than one wife.
What is the basis of traditional and modern marriages?
Traditional marriages locked the spouses into their predefined roles without any opportunity to allow for individual choice. Married women were expected to fulfill their role as homemaker and had to stifle any career ambitions or frustrations they might have had. Modern marriages allow for individual preferences.