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Question
Posted by: concerned | 2011-05-26

NEED FAMILY LAW EXPECT TO RESPOND PLS

I actually have a concern regarding posts which are not answered. Should we cre- post similar questions or not. The reason I am asking this is because most of the people simply read through the answers you provide since most of the problems are similar. Now one of the previous posts asked a question similar to ine but was not answered. I am hoping you will answer me on this post. Lobola was paid for me but my man is legally married to someone else. What rights do i have ? can i still register my marriage at home affairs because traditionaly am regarded as a wife. please assist.

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Our expert says:
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A customary marriage must be registered within three months. The registering officer will register the marriage and issue a certificate of registration if satisfied that a valid customary marriage exists. Customary marriages entered into after the Recognition of Customary Marriages Act, which came into operation on 15 November 2000, are in community of property, unless an Antenuptial Contract has been drafted. Should a husband in a customary marriage wish to enter into further customary marriages during the course of the marriage, he must apply to court for their approval.

Just like the normal principles applicable in South African divorce law, in the event of dissolution of a customary marriage, one of the parties must prove that the marriage has broken down irretrievably, and that no reasonable prospect exists for the restoration of a normal marital relationship.

The Mediation in Certain Divorce Matters Act 24 of 1987 and s6 of the Divorce Act

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
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Our users say:
Posted by: FIO | 2011-05-27

As far as I know you can register it, but I think he may need to also sign the documents for it to be registered. The fact that lobola was paid might not be enough, were you married traditionally? Paying lobola does nto necessarily mean you got married.

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