Marriages act 25 of 1961 south africa pdf

South africa legally recognizes two types of marriages. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. Some communities customary law allows for polygynous. Muslim marriages were not recognised as having the same legal status as civil marriages in terms of the marriage act 25 of 1961 the marriage act. Be it enacted by the queens most excellent majesty. The civil union act act 17 of 2006 regulates to samesex civil unions, as well as other civil partnerships.

Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. South africa also recognizes customary marriages through the recognition of customary marriages act no. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961. Marital status in south africa the following legislation regulates the marital status of persons in south africa.

The relief is sought due to the continued failure on the part of government to fulfil the obligations imposed on it by the constitution to recognise muslim marriages as valid marriages for all purposes in south africa, and to regulate the consequences of such recognition. The marriages act act 25 of 1961 regulates civil marriages between heterosexual couples. Page 2 guidelines on the marriage act 1961 for marriage celebrants july 2014 record of updates. The republic of south africa constitution act, 1961 was south africa s constitution from 1961 to 1984. Dissolution of marriages on presumption of death act 31 of 1993. Customary marriages are recognised through the recognition of customary marriages act 120 of 1998, which came into effect on the 15th november 2000. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead. Pdf dilemma of muslim women regarding divorce in south. As a result muslim spouses and their children suffered discrimination due to their traditional religious marriages. This document provides essential information on the solemnisation of marriages under the marriage act 1961. 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. Customary marriages act means the recognition of customary marriages act.

Recognition of customary marriages act 120 of 1998 3. To consolidate and amend the laws relating to the solemnization of marriages. Be it enacted by the parliament of the republic of south africa, as follows. Transsexual 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. 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. Recognition of customary marriages act 120 of 1998, regulations in terms of the gn r1101 in gg 21700 of 1 november 2000. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. Population and sample in as much as the act is a national act, the population should be all people married by customary rites in south africa. Marriage act 25 of 1961, as amended in south africa to march 1978. M in the faculty of law, university of the western cape supervisor. Bertus preller maurice phillips wisenberg 20th floor, 2 long street, cape town, 8001, south africa telephone. The new constitution which put that decision into effect replaced. Formalities for marriage in south africa family law. The recognition of customary marriages act act 120 of 1998 regulates customary marriages.

The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961. To amend the marriage act, 1961, so as to insert, amend and delete certain definitions. Getting married in south africa south africa marriage license requirements all persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Muslim women have been denied spousal benefits such as the right to inherit intestate and to claim maintenance in terms of the maintenance of surviving spouses act 27 of 1990 due to their traditional religious marriages not being recognised in terms of south african law. Government notice 2 of 1987 og 5480 came into force on 1 january 1988. The marriage act, 1961, which allows for the solemnisation of. 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. Republic of south africa constitution act, 1961 wikisource.

For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the 1961 act, while before 1961, each australian state and territory had its own marriage laws. 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. Under the childrens act 2005 the minimum legal age of marriage is 18 years for girls and boys. 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. The recognition of customary marriages act of 1998 has been hailed as a step in the right direction by some legal scholars2 and criticized by others. 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. Arrangement of regulations these regulations do not have headings. Civil marriages are often entered into at religious structures i. Civil unions are recognized in terms of the civil union act 2006.

Civil marriages are governed by the marriage act no. 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. Marriages, births and deaths amendment act 41 of 1986 gazette no. Constitution of the republic of south africa act 108 of 1996. 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. Civil marriages in south africa has been governed and regulated by the marriage act 25 of 1961. Marriage act 1961 table of provisions long title part ipreliminary 1. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act. With acts you are guaranteed the latest and most up to date resource for your legislative needs.

The act was made pursuant to power granted to the federal parliament under s. Amended by marriages, births and deaths amendment act 41 of 1986. 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. Oct 21, 2016 this is a compilation of the marriage act 1961 that shows the text of the law as amended and in force on 21 october 2016 the compilation date.

South africa has three laws that regulate marriage. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. During the year 2011 a total of 173,215 new marriages were recorded.

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 aims to set out the rules and regulations relevant to parties that enter into marriages and it affords parties rights and protections as spouses. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Marriage act, 1961 wikisource, the free online library. Pdf dilemma of muslim women regarding divorce in south africa. The cabinet has under section 38 of the marriage act, 1961 act 25 of 1961, with effect. Marriage act or customary marriages act or registered as a spouse in a marriage or a. This notice is the prescribed form for this purpose. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The presidency of the republic of south africa 2008, p. The marriage act, 1961, which allows for the solemnisation of a civil or religious marriage between a man and a woman the recognition of customary marriages act, 1998, which allows for the registration of marriages under african customary law. There are three different laws under which a marriage may be formed in south africa. Certain persons may in certain circumstances be deemed to have been marriage officers. Marriage act, 1961 act 25 of 1961 south african government.

Pdf african customary marriages in south africa and the. Act not to exclude operation of certain state and territory laws 7. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. In terms of the divorce act, a decree of divorce will be granted by a court of law.

Since the commencement of the recognition of cu stomary marriages act. 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. However, for the purposes of this study, the population is all women married by customary rites in kwazulunatal. In the original 1961 act, marriageable age was set at 16 for females and 18 for males. In this act, unless the context otherwise indicates. Customary marriages are recognised through the recognition of customary marriages act 120 of 1998, which came into effect in november 2000. Minister for minister wherever it appears in the act.