Marriage act 25 of 1961 south africa pdf latitudes

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. This comment contextualizes the issue of polygamous marriages within the south african constitutional paradigm, one committed unequivocally to the principle of equality. 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. 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. South africa is located at the southern point of the continent of africa and. Historically the legal definition of marriage, derived from the romandutch law, was limited to monogamous marriages between opposite. 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. It contains information about organisations, people, policies, legislation and events related to the history of child welfare. 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. The marriage act 1961 an d marriage regulations 1963 are available to t he public for.

Be it enacted by the parliament of the republic of south africa, as follows. A religious viewpoint introduction africa is one continent with several worlds. To consolidate and amend the laws relating to the solemnization of marriages. To amend the marriage act, 1961 so as to insert certain definitions. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. However, the law has heteronormative underpinnings and has been interpreted not to recognise samesex unions. The marriages act v the civil unions act hogan lovells. Marriage act, 1961 wikisource, the free online library. Recognition of samesex unions in namibia wikipedia.

The apostolic faith mission of south africa private act 24. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. 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. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. 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. A man in south africa may have more than one spouse but a south african woman may only have one spouse. This bibliography was generated on cite this for me on tuesday, february 23, 2016. 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. Constitutional court is the highest court of south africa on constitutional matters.

Marriage act 1961 other bibliographies cite this for me. 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. 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. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia.

Civil marriages are governed by the marriage act no. Marriage act 1961 sect 5 interpretation 1 in this act, unless the contrary intention appears. Civil marriage is also common in some african countries like south africa. 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. 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. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Marriage act 1961 table of provisions long title part ipreliminary 1. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Solemnization and registration of civil marriages south africa. Married persons equality act 1 of 1996 namibia legal. 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. Explanatory material on the marriage act 1961 for marriage.

The act defines marriage as a union between one man and one woman. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 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. The act accommodates persons who cannot or wish not to enter into a marriage under the marriage act, 1961. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. 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. The purpose of the claim was to enable the plaintiff to have her hindu marriage dissolved by divorce. 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. 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. 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. This provision has merely confirmed the repealed section 221 of the black administration act. Marriage act an act to make provisions for the celebration of marriages. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961.

In the original 1961 act, marriageable age was set at 16 for females and 18 for males. South africa also recognizes customary marriages through the recognition of customary marriages act no. 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. This document provides essential information on the solemnisation of marriages under the marriage act 1961. Formalities for marriage in south africa family law. M in the faculty of law, university of the western cape supervisor. Pdf african customary marriages in south africa and the. I the marriage must be negotiated and entered into or celebrated in accordance with customary law. The marriage act only provides for monogamous oppositesex marriages.

However a competent court may dissolve it on grounds of lack of consent on application by parents or guardian or minor themselves within certain periods patrimonial consequences must distinguish between cases where marriage is. The marriage act 25 of 1961, the divorce act 70 of 1979, and. Customary marriages are recognised through the recognition of customary marriages act 120 of 1998, which came into effect in november 2000. The solemnisation and registration of civil marriages are governed by the marriage act, 1961 act no. 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. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Act not to exclude operation of certain state and territory laws 7. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. A civil marriage is a marriage contracted between two parties under the marriage act. Certain persons may in certain circumstances be deemed to have been marriage officers.

Consequences and dissolution of marriage for want of. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. A that person has requested that his or her name be so removed. 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. 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, 1961unamended wikisource, the free online. This notice is the prescribed form for this purpose. 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. Ambassador includes minister, head of mission and charge daffaires. Short title this act may be cited as the marriage act. Natal and transvaal marriage law amendment act, 1920.

Each spouse receives a copy of the marriage certificate. Calendars online and print friendly for any year and month. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. 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. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Consul includes consulgeneral, viceconsul, proconsul and consular agent. 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.

This is a compilation of the marriage act 1961 as in force on 1 july 2014. The nonrecognition of islamic and hindu marriages in south. Presently civil marriages are solemnised at offices of the department of home affairs and at churches with authorised marriage officers. Marriage act, 1961 act 25 of 1961 south african government. 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. This act shall be called the marriage act, extension act 1997. 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. 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 defini tion containing these words was added to the marriage act 1961 the act in 2004. Cohabitation, marriage and remarriage patterns in africa. Amended by marriages, births and deaths amendment act 41 of 1986. 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 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. These are the sources and citations used to research marriage act 1961.

It includes any commenced amendment affecting the legislation to that date. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. 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. 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. 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. 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.