Marriage act 25 of 1961 south africa pdf latitudes

Cohabitation, marriage and remarriage patterns in africa. The act defines marriage as a union between one man and one woman. Civil marriages are governed by the marriage act no. M in the faculty of law, university of the western cape supervisor. Following the acceptance of the civil union act 17 of 2006, south africa became one of. Statistics south africa stats sa publishes data on marriages for south african citizens and permanent residents that are collected through the civil registration systems of dha. As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. Recently, we had a matter where our clients husband was claiming that as a black couple married before 1988, their marriage was automatically out of community of property as their marriage fell within the realm of the black administration act 38 of 1927. A customary marriage is legally defined as a marriage in accordance with customary law, that is, the customs and usages traditionally observed among the indigenous african peoples of south africa and which form part of the culture of those peoples. Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. The marriage act 25 of 1961, the divorce act 70 of 1979, and.

Ambassador includes minister, head of mission and charge daffaires. Marriage act, 1961 act 25 of 1961 south african government. The apostolic faith mission of south africa private act 24. With acts you are guaranteed the latest and most up to date resource for your legislative needs. A defini tion containing these words was added to the marriage act 1961 the act in 2004. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Customary marriages are recognised through the recognition of customary marriages act 120 of 1998, which came into effect in november 2000.

The marriage act 25 of 1961 aims to set out the rules and regulations relevant to parties that enter into marriages and it affords parties rights and protections as spouses. Marriage act 1961 other bibliographies cite this for me. From the above it is clear that the date of conclusion of the civil marriage will be the deciding factor to ascertain whether such marriage is valid where. Statistics south africa stats sa publishes data on marriages for south african citizens and permanent residents that are collected through the. Consequences and dissolution of marriage for want of. Report to the cedaw committee on south africas implementation of cedaw 6 explanation of terminology commission for gender equality is an independent body established in terms of chapter nine, section 187 of the constitution of south africa. 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. Presently civil marriages are solemnised at offices of the department of home affairs and at churches with authorised marriage officers. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984.

A civil marriage is a marriage contracted between two parties under the marriage act. Islamic and hindu marriages which are not accompanied by a civil ceremony, either in terms of the marriage act act 25 of 1961 or the civil union act act 17 of 2006, are not recognised in south africa and the parties are consequently considered as unmarried in the eyes of the law. Mar riage, according to australian l aw, is the union of a man and a woman, to the exclusion of all others, voluntarily entered into for life. A man in south africa may have more than one spouse but a south african woman may only have one spouse. Explanatory material on the marriage act 1961 for marriage. However, the law has heteronormative underpinnings and has been interpreted not to recognise samesex unions. A that person has requested that his or her name be so removed. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961.

The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961. Be it enacted by the parliament of the republic of south africa, as follows. The marriage act only provides for monogamous oppositesex marriages. Marriage act, 1961unamended wikisource, the free online.

Formalities for marriage in south africa family law. The apostolic faith mission of south africa private act 24 of 1961sa that such immovable property is deemed to be registered in the name of the church in accordance with the provisions of this act, whereupon the said title deeds shall serve and avail. However, under section 12 of the original 1961 act a female 14 or 15 years or a male 16 or 17 years could apply to the court for permission to marry. Historically the legal definition of marriage, derived from the romandutch law, was limited to monogamous marriages between opposite. Heterosexual couples intending to get married in south africa today can choose to marry either in terms of the marriages act or the civil unions act. The nonrecognition of islamic and hindu marriages in south. This comment analyzes how south african law, european in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall. In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979. This provision has merely confirmed the repealed section 221 of the black administration act. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. This is a compilation of the marriage act 1961 as in force on 1 july 2014.

The act accommodates persons who cannot or wish not to enter into a marriage under the marriage act, 1961. The purpose of the claim was to enable the plaintiff to have her hindu marriage dissolved by divorce. Pdf african customary marriages in south africa and the. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country.

Recognition of samesex unions in namibia wikipedia. The marriages act v the civil unions act hogan lovells. Republic of namibia annotated statutes marriage act 25 of 1961 sa b the acceptance by any person of any fee charged by such religious denomination or organization for the blessing of any marriage, provided the exercise of such authority is not in conflict with the civil rights and duties of any person. To consolidate and amend the laws relating to the solemnization of marriages. Natal and transvaal marriage law amendment act, 1920. Remarkably, according to the marriage act 25 of 1961, the minimum legal age for marriage in south africa remains 18 years old for boys and 15 years old for girls.

Constitutional court is the highest court of south africa on constitutional matters. This bibliography was generated on cite this for me on tuesday, february 23, 2016. 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. It contains information about organisations, people, policies, legislation and events related to the history of child welfare. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. Marriage act 1961 table of provisions long title part ipreliminary 1. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Calendars online and print friendly for any year and month.

Republic of south africa department of home affairs application for marriage certificate marriage act 25 of 1961, civil union act 17 of 2006 and recognition of customary marriage act 120 of 1998 dha to be completed in full and submitted at the department of home affairs office or to a south african embassy or consulate. Act not to exclude operation of certain state and territory laws 7. Marriage act, 1961 wikisource, the free online library. Civil marriage is also common in some african countries like south africa. The provisions of this act and the regulations made in terms thereof are applicable to all persons of all population groups who marry in the republic of south africa. 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. These are the sources and citations used to research marriage act 1961. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Positioning homosexualtranssexual marriages under the south african marriage act 25 of 1961 by glenton carlo matthyse 2750548 a minithesis submitted in partial fulfilment of the requirements for the degree of master of laws ll. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. South africa also recognizes customary marriages through the recognition of customary marriages act no.

The solemnisation and registration of civil marriages are governed by the marriage act, 1961 act no. This notice is the prescribed form for this purpose. From the above definitions it is also clear that customary marriages concluded in terms of hindu and muslim rites are not affected by the act, and remain invalid unless they were solemnised in terms of the marriage act, 25 of 1961 or the civil unions act, 17 of 2006. 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. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. This act shall be called the marriage act, extension act 1997.

Short title this act may be cited as the marriage act. However inconsistencies and loopholes exist through the marriage act 25 of 1961, recognition of customary marriage act 120 of 1998, the civil union act 17 of 2006 and the criminal law amendment act sexual offences and related matters amendment act 37 of 2007 which allows marriage before the age of 18 years under different circumstances. I the marriage must be negotiated and entered into or celebrated in accordance with customary law. Marriage act 1961 sect 88d validity of marriages 1 subject to this section, a marriage to which this part applies shall be recognised in australia as valid. Amended by marriages, births and deaths amendment act 41 of 1986. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Marriage act 1961 sect 5 interpretation 1 in this act, unless the contrary intention appears. The marriage act act 25 of 1961, enacted by the parliament of south africa when namibia was still south west africa, does not explicitly prohibit the recognition of samesex marriages.

Consul includes consulgeneral, viceconsul, proconsul and consular agent. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. To amend the marriage act, 1961 so as to insert certain definitions. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. Samesex marriage civil marriage became legal in south africa on 30 november 2006 when the civil unions bill was enacted after having been passed by the south african parliament earlier that month. The marriage act 1961 an d marriage regulations 1963 are available to t he public for. Family court of a state means a family court of a state that has jurisdiction under the family law act 1975 by virtue of a proclamation under section 41 of that act. Explanatory material on the marriage act 1961 for marriage celebrants this document provides essential information on the solemnization of marriages under the marriage act 1961 and has been extensively updated.

In the original 1961 act, marriageable age was set at 16 for females and 18 for males. Married persons equality act 1 of 1996 namibia legal. Prior to the commencement of the act, customary marriages, better known as customary unions did not enjoy the same status as civil marriages concluded in terms of the marriage act, 25 of 1961. Certain persons may in certain circumstances be deemed to have been marriage officers. Marriage act an act to make provisions for the celebration of marriages. South africa is located at the southern point of the continent of africa and. Marriage to take place within three months after notice if the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and. It includes any commenced amendment affecting the legislation to that date. Solemnization and registration of civil marriages south africa. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961.