Question: What is the difference between civil marriage and customary marriage?

“Customary marriage” is a marriage which takes place in terms of the customs of the community. A “civil marriage” takes place in a church or in front of a magistrate. Some people observe traditional customs and also get married in a church.

What type of marriage is a civil marriage?

What is a civil marriage? It is a marriage that can only be entered into between a man and a woman. A civil marriage will automatically be in community of property, unless an ante nuptial contract is entered into indicating that the marriage will be out of community of property, with or without the accrual system.

What is the meaning of customary marriage?

Customary Law marriage can be defined as the marriage contracted in accordance. with Native Law and Custom of a particular ethnic group.

Does civil marriage override customary marriage?

The Recognition of Customary Marriages Act 120 of 1998 allows for such dual marriages without specifying the consequences thereof. Most commentators have interpreted the provisions to perpetuate the historical position; the civil marriage terminates the customary marriage.

When must a customary marriage be registered?

Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

What are the disadvantages of civil marriage?

The disadvantage of a civil marriage is the fact that it is not as easy to terminate. There is much more to it than ending a relationship of a couple who are not legally bound to one another.

How is customary marriage performed?

The customary rites or marriage ceremony, as practiced by the womans ethnic group, are performed by the mans head of family, by the father or uncle or any member of the family who is recognized by the community as honorable.

What are the advantages of civil marriage?

Civil Marriage v. Civil UnionsSocial Security benefits upon death, disability or retirement of spouse, as well as benefits for minor children.Family and Medical Leave protections to care for a new child or a sick or injured family member.Workers Compensation protections for the family of a worker injured on the job.

Is a civil union a marriage?

A civil union is a legally recognized, non-marriage union status created as a parallel but separate relationship to marriage itself. In essence, marriage in the United States is a civil union; but a civil union, as it has come to be called, is not marriage, explains legal expert Evan Wolfson.

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 do I register a customary marriage?

To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.

How do you end a customary marriage?

“It says a customary marriage may only be dissolved by a court by decree of divorce on a ground of irretrievable breakdown of the marriage,” Xulu said. This meant customary marriages should be dissolved in the same way as civil marriages, despite there being no need to register the former with Home Affairs.

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.

What is the process of marriage?

Ceremonies. To get married in Alberta, you must have a marriage ceremony; papers cannot just be signed. There are 2 kinds of marriage ceremonies that can be performed in Alberta: religious and civil. Both are equally legal in Alberta.

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