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.
Is lobola considered marriage in South Africa?
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) …
Does lobola mean you are married in community of property?
Couples who wish to marry out of community of property but have already commenced and concluded their lobola negotiations irrespective of whether they may have not concluded the various ‘rituals’ as required in terms of their customs may, if the various interpretations of the court are anything to go by, be regarded as …
Is traditional marriage Recognised in South Africa?
However, they are worried their marriage will not be recognised in South Africa. … Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”). After 15 November 2000, certain requirements were set out in the Act that must be complied with.
Are religious marriages Recognised in South Africa?
A person can get married in terms of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a legal marriage under South African law, but the spouses in a religious marriage are protected by law in certain instances.
What happens after paying lobola?
What happens after lobola negotiations? The moment the final lobola price is agreed upon, the uncles of the groom would meet with the family of the bride and arrange for the payment. After that is done, the groom becomes a part of the bride’s family, and a party would be thrown.
Are you married after paying bride price?
It’s the payment of the bride price. If the bride price is not paid, the couple do not marry. The tradition dates back more than 2,500 years, according to anthropologists and cultural historians.
Is customary marriage automatically in community of property?
Section 7(1) of the Act provides that the proprietary consequences of a marriage entered into before the commencement of the Act will be governed by Customary Law, which automatically deems such marriages to be out of community of property.
Can a customary marriage be out of community of property?
As a result, the Act now provides that the default matrimonial system for monogamous customary marriages is a marriage in community of property and of profit and loss, unless the parties enter into an antenuptial contract excluding community of property, profit and loss.
Is a customary marriage in or 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.
How do I prove my marriage is customary in South Africa?
A marriage certificate will serve as written proof of the couple’s marital status.
What makes a Customary Marriage Valid?
- Copies of IDs and a lobola agreement letter, if available;
- One witness from the bride’s family;
- One witness from the groom’s family; or.
- A representative of each of the families.
Can a woman marry two husbands in South Africa?
The home affairs department gazetted a new green paper for the Marriage Act earlier this month. One of the proposals in the gazette is the recognition of polyandry. This would allow a woman to marry more than one man at the same time. Only polygyny is recognised in SA, which means men can have more than one wife.
Is customary marriage valid if 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 you marry a dead person in South Africa?
Any provincial or local division of the Supreme Court of South Africa making an order that the death of any married person shall be presumed, may, when making that order or at any time thereafter, on the application of such person’s spouse, make an order that the marriage in question shall be deemed to have been …
How do you become legally married in South Africa?
You must register your customary marriage within three months of the date of celebration or entering into the marriage to make it legal. 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.
What is a customary marriage in South Africa?
A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. This doesn’t include marriages concluded in Hindu, Muslim or other religious rites.