Does lobola qualify as marriage?

Does lobola qualify as marriage?

The first two requirements in s 3(1) of the Act are fairly easy to prove, namely that both parties must be over 18-years-old and that both parties must have consented to enter into the marriage. Moreover, couples that cohabit after the conclusion of a successful lobola negotiations, will be deemed to be married.

Is an unregistered customary marriage valid?

In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.

How can I change my civil marriage to customary marriage?

You cannot convert a civil marriage into a customary marriage, but spouses married according to civil law can, if they so wish, have a customary wedding. If this happens, civil law and not customary law will apply.

What is a customary wife?

According to the definition in the Act, a marriage in terms of customary law requires the use of customs and traditions usually observed among the indigenous African people of South Africa, which forms part of the culture of those people.

Is a customary marriage in or out of community of property?

A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.

How do you end a civil marriage?

You can legally end your civil partnership by asking the court for a ‘dissolution order’. You can only do this if your civil partnership has lasted for at least one year.

What can a wife get in a divorce?

Child Support; Alimony (also known in some states as Spousal Support, Maintenance or Spousal Maintenance); The Division of Marital Assets and Liabilities (also known as community property or equitable distribution of marital property and debts depending on the state)