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Marriage & Matrimonial Property
The legal registration of marriage in South Africa requires certain documents to be handed to a marriage officer before the ceremony may take place.
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Originally, civil union marriage was referred to in Chapter 37 of the Marriage Act. However, the new Act refers to civil marriage in chapter 5 clause 11. The type of marriage recognised in this section of the act is universally described as a civil union marriage or monogamous union.
The Recognition of Customary Marriages Act was brought into question during a legal battle wherein the parties felt that they had been discriminated against for being in Venda customary marriages.
There are certain marriage requirements for foreigners in South Africa. These requirements are specific and must be met in order for the marriage to be lawful.
According to The South African Marriage Act of 1961, up until the year 2000, the only marriage considered lawful was civil marriage.
Because Muslim marriages in South Africa do not follow the laws outlined within the Marriage Act, such marriages have never been legally recognised under South African law.
When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place.
If you are a South African citizen who is getting married in another country, it’s important that you understand all the legalities involved in this scenario.
Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. This is partly due to a lack of the obligations and protection that a marriage contract automatically provides.
In the case of one couple who were married in community of property, the wife (plaintiff) filed a claim for forfeiture of her husband’s (defendant) patrimonial benefits in terms of section 9(1) of the Divorce Act.
In the past, if your were responsible for a marriage being wrecked then you could not benefit financially from it and your partner would, therefore be granted a forfeiture order.
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