Marriage act in south africa pdf

Civil, christian, customary, hindu and islamic marriages. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act. Although a civil marriage is often preceded by an engagement, an. Cohabitation, marriage and remarriage patterns in africa. Chapter 29 the law of marriage act between husband and wife. Pdf african customary marriages in south africa and the.

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. The decision of the constitutional court in the case of minister of home affairs v fourie on 1 december 2005 extended the commonlaw definition of marriage to include samesex spousesas the constitution of south africa guarantees equal protection before the law to all citizens. 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 by rsa proc. Formalities for marriage in south africa family law. Samesex marriage in south africa has been legal since the civil union act came into force on 30 november 2006. 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. Marriage act or customary marriages act or registered as a spouse in a marriage or a. A perspective on marriages and civil unions in south africa. African customary marriages in south africa and the intricacies of a mixed legal system. 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. For the first time in south africa every person could claim equality before the law and equal protection by the law. Short title this act may be cited as the marriage act. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of a few thousand.

A religious viewpoint introduction africa is one continent with several worlds. 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. 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. 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. Effect of nonobservance of the conditions of this act. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. Marital status in south africa the following legislation regulates the marital status of persons in south africa. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. Interpretation in this act, except where the context otherwise requires district means a marriage district constituted under this act. Married persons equality act 1 of 1996 namibia legal database. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7.

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. 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. Pdf law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. This was especially through the equality clauses and the equality act. 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. Recognition of customary marriages act, 1998 wikipedia. Be it enacted by the parliament of the republic of south africa, as follows. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Getting married in south africa south african embassy in. 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.

Archived from the original pdf on 14 november 2012. The prohibition of mixed marriages act in south africa. In this act, unless the context otherwise indicates. A man in south africa may have more than one spouse but a south african woman may only have one spouse. Amended by births and deaths registration act 51 of 1992. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. The new constitution of 19968 with the bill of rights immediately had a drastic influence on the marriage situation in south africa. Getting married in south africa the south african embassy. Ministers of religion, how far entitled to be marriage officers.