Our expert says:
Family law expert
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
B.Proc; AD Dip L Law
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