Types of marriage in south africa pdf

There are at least 30 societies in africa where a woman could traditionally marry. Then this type of marriage would be exactly the same as a non african marriage out of community of property. Marriage is a social union or legal contract between two different people that exchange vows but in some countries, such as africa they have different. The colonial and apartheid past of south africa impacted on the institution of the family. The first is that the context of this article is subsahara africa. The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. The specific types of marriage and divorce that can be registered in south africa are stipulated and governed by legal frameworks. Unfortunately divorce usually goes hand in hand with great unhappiness about the way in which the assets the two parties have built up over the years should be divided. Three types of african marriages informative speech plan. When youre married in community of property, you and your partner are joint owners of any estate or assets accrued once youre married. Types of marriage certificates in south africa under the south african marriage act, couples must be presented with a marriage certificate immediately after the ceremony. We can help you choose which type of marriage contract is best suited to your circumstances. There are currently three matrimonial property regimes in south africa.

Marriage patterns in south africa university of cape town. To inform my audience of the advantages and disadvantages of three different types of marriages. Under the south african marriage act, couples must be presented with a marriage certificate immediately after the ceremony. This basis of this act is to formalise marriages concluded in terms of customs and usages traditionally observed among the indigenous african peoples of south africa and which form part of the culture of those peoples. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961.

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. Introduction marriage before the age of 18 is a reality for many young women. Here, a man and woman marry for a predetermined length of time, which may be anything from a few hours to many years. Marital status in south africa the following legislation. A guide to getting married in south africa expatica. Formalities for marriage in south africa family law. Pdf south africa has a mixed legal system comprising of transplanted european laws. Recognition of customary marriages act 120 of 1998 3. Types of urban african marriage in kampala volume 36 issue 3 david j. Marriage out of community of property subject to the accrual system. According to south african law, there are three different marriage types which are recognised, and they are civil unions, civil weddings and customary weddings. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. Types of marriage, meaning and types of marriage, forms of. With the increase of divorce rates in sa its only right that you prepare yourself should divorce be on the cards in the future.

There are three different laws under which a marriage may be formed in south africa. In discussing african culture and values, we are not presupposing that all african. South africa common law provides that a marriage without an antenuptial contract results in the parties being married in community of property. How to cite three types of african marriages informative speech plan, essays choose cite format. A perspective on marriages and civil unions in south africa part 2. Any attempt to change this protection would be a radical change in the meaning of marriage the foundation stone of society in the document that expresses the foundational values of the irish state. Analysis of types and prevalence of unions and marriages is presented using. Yet the fact is that many of these marriages worked, and so the spouse or the spouses may, in the end, have remained grateful for pressure which had helped them to find a solid marriage and home. Fawzia khan in south africa we have 3 different types of marriage regimes. Requirements may vary as each locale in south africa could have their own requirements. A reflection on the african traditional values of marriage. The practice of women marrying women is somewhat common in certain societies in west africa, southern africa, east africa, and the sudan.

Notwithstanding anything to the contrary contained in this act or a prior law or in any written instrument issued in terms of section 4 or a prior law, any person who is a marriage. In discussing african culture and values, we are not presupposing that all african societies have the same. It is seen as the traditional form of marriage and is also still the most common type of marriage entered into today. To proceed, click on the add to basket icon below and pay the r2000 via your credit card. These measures include, among other things, the formulation and implementation of both. Requirements for entering into a customary marriage.

Cape town it is said that nearly half of all marriages in south africa end in divorce. The recognition of customary marriages act, 1998, 6 which allows for the registration of. Out of community of property without accrual marriage. Three types of marriages are recognised under south african law. Other types have been forced upon them for one reason or another family obligations, life. The problems are particularly acute in south africa as a result of the wide diversity in marriage forms, cultures, religions and languages. Customary marriage and divorce, how does it work and what. Marriages in terms of this act will be referred to as civil marriages. An in community of property or out of community of property, which is further characterized either with or without the accrual system.

With this system, all the assets and liabilities which the parties had prior to the marriage or acquired during the marriage. The majority of refugees live in major cities including pretoria, durban, johannesburg, and cape town. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. A reflection on the african traditional values of marriage and sexuality dr. A brief look at each of these types are explained below.

Within that context, i use traditional in the sense of what was customary up to the time of independence, i. Marriage also known as matrimony is the socially recognized union between two individuals. Marriage, on which the family is founded, and to protect it against attack art. This years conference was convened in honour of lynne and her. Marriage the life cycle everybody has kinship in one form or another. A religious viewpoint introduction africa is one continent with several worlds. Marriage act 25 of 1961 sa marriage act 25 of 1961 sa. November 1984, there are three forms of matrimonial property regimes in south africa, namely. Getting married in south africa the south african embassy. Many people are unaware or uncertain of the difference between an opposed and an unopposed divorce and are not sure which applies to them. While they are free to use the ideas expressed in it.

Cohabitation, marriage and remarriage patterns in africa. This type of marriage is found among some tribes of new guinea and africa, b on the basis of choice of mate or on the basis of rules of mate selection. The requirements and procedure for a civil marriage are. Well, in an in community of property marriage, both husband and. There are several different types of marriage in existence today. Acceptance of samesex marriage is rarer in the historical record, but it too exists. The marriage act, 1961, 5 which allows for the solemnisation of a civil or religious marriage between a man and a woman. Major types of marriage in south africa updated 2019. It was civil in the sense that this type of marriage was sanctioned by the state in that it was conducted according to the marriage act.

This act makes provision for three types of marriages. The lack of recognition of domestic partnerships has to do with the fact that marriage is accepted as a cornerstone. Civil marriages are not the only types of marriages recognised in our law in south africa customary marriages are also given recognition provided certain requirements are met with. If a south african woman gets married in mauritius to a man domiciled in england, they will be married according to the laws of england. South africans, the low nuptiality rate or advanced age at first marriage especially amongst black south africans are well known and these trends are continuing despite the belief that south africas growing black middle class will embrace formal marriage more readily, and thus change this statistical picture. To change this default position, the parties to the marriage must enter into a contract before they get married. However, not all types of marriages and divorces are registered. Over the past few decades there has been much public concern about extraordinarily high levels of intimate partner violence ipv, rape and child abuse in south africa. According to the marriage act of 1961, there are three different types of legal. Marriage in community of property marriage in community of property is the most common marriage system in south africa. This article aims to educate the layman a bit more regarding the difference between the two and the standard process to be followed in the case of an unopposed divorce bearing in mind that each divorce is slightly different and may vary somewhat from what. Jun 27, 2017 brihc scholar carmen thompson reports on the cadbury conference 2017.

Throughout the continent, the diversity of systems reflects the traditions, religions, and economic circumstances of a wide variety of distinct cultures. The fourth general amendment act improved the legal position of women in south africa, because it scrapped marital power of a husband. Some types of marriage occur as a result of decisions made by one or both involved parties good as well as bad decisions. The forms we find in africa are not unique to africa, but they are an important part of african social organization. If you already know which contract you would prefer you can purchase your marriage contracts in south africa, online, for our inclusive fee of r2000. Yet, besides a total lack of discussion in the popular media, what is typically called womanwoman marriage is the subject of a very small body of academic literature. Parkin skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.

Changes were evident in the family at varying levels. Basically all marriages are in community of property, unless the spouses exclude community of property in a contract. 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. Out of community of property marriage with accrual. Marriage in africa was the means of ensuring reproduction, but things change, explained dr lynne brydon in the opening remarks of the 2017 cadbury conference, an annual event held by the university of birminghams department of african studies and anthropology dasa. D polyandrous and polygamous are popular in regions of central africa, west africa, east africa, and south africa. The population of south africa is composed of people from different backgrounds. Before 2008, the data in the annual release marriages and divorces p0307 covered only civil marriages. The type of marriage certificate, which must be signed by two witnesses and the marriage officer. A man in south africa may have more than one spouse but a south african woman may only have one spouse. The fourth general amendment act improved the legal position of women in south africa, because it scrapped marital power of a husband over his wife. On marriage in community of property a joint estate is formed with the parties as joint administrators.

These are marriages in community of property, marriages out of community of property, which are subject to the accrual system, and marriages out of community of property, excluding accrual. Before you tie the knot, you should take the time to research what the different types are so that you and your partner can make the right choice about your union. Civil marriage is where the state grants you legal recognition through documentation marriage certificate of your partnership. Marriage in community of property is the most common marriage system in south africa. South african common and customary law of intestate succession. The various marriage types below are all examples of different marriage situations you could possibly find in africa. Islamic laws and customs have shaped the institution of marriage in north africa and in some nations of western and eastern africa. The top five things you need to know about marriage contracts duration. Apr 19, 2017 not to leave a sour taste in your mouth prior to your marriage, but these are some of the things to consider before you say i do. The main objective of this paper is to examine african culture and values. A marriage was a monogamous relationship between heterosexual persons. Marriages in terms of this act will be referred to as customary marriages.

Although most islamic marriages are essentially the same as nonislamic ones, there are several types of marriage that are rarely found outside of muslim communities. All these laws primarily banned marriage between persons of different racially or ethnically defined groups, which was termed amalgamation or miscegenation in the u. Recognition of domestic partnerships in south african law. Marital status in south africa the following legislation regulates the marital status of persons in south africa. Sep 21, 2018 south africa also hosts a number of refugees and asylum seekers, especially from zimbabwe, democratic republic of congo, and somalia. A question of harmonisation, integration or abolition christa rautenbach readers are reminded that this work is protected by. Marriage in community of property is the default matrimonial property system and will apply in every marriage where the parties enter into the marriage without executing or registering an antenuptial contract beforehand.

If we are going to speak of traditional african concepts and customs regarding marriage and the family, a few clarifications are called for. Apart from that, nuptial contracts can exist between. All marriages in south africa are automatically in community of property. The family in south africa, in its varied forms, also presents changing characteristics. Pdf african customary marriages in south africa and the. Unlike surveys, registered marriages and divorces data are based on. In this type of marriage, youll be setting up an anc, which is a contract that lays down the rules. A perspective on marriages and civil unions in south. This is one of the most popular marriage contracts and according to. South african law commission project 90 the harmonisation of the common law and the indigenous law report on customary marriages august 1998iiito dr am omar, mp, minister of justice i am honoured to submit to you in terms of section 71 of the south african law commission.

Abridged marriage certificates are free of charge for firsttime applicants. Marriage contracts south africa bregman moodley attorneys. Practices that facilitate trafficking of women and children abstract many states in africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. In many parts of the world parents encourage the marriage of their daughters while they are still children in hopes that the marriage will benefit them both financially and socially, while also. Norway, south africa, australia, canada, and croatia permit samesex domestic partnerships or marriage, with taiwan and nepal soon to sign on. Authority of marriage officers in south west africa. South african common and customary law of intestate. East of approximately longitude 25 e, soils have formed under wet summer and dry winter conditions. To help you consider the legal options available the following summary sets out the law in accessible jargonfree language. It was civil in the sense that this type of marriage was sanctioned by the state in that. In fact we are here because our parents got married to each other. Understanding the financial implications of your marriage. There are three types of matrimonial property systems in south africa from which preweds can choose.

Unlike surveys, registered marriages and divorces data are based on continuous recording of these events as they take place. In other words, if you do nothing other than get married before a marriage officer, you are married in community of property. As a multiracial society, south africa maintains varied forms of the family, depending on the racial and ethnic. And as it applies to various countries, there are different types of marriages in south africa. We then use these sources to ascertain type, prevalence and timing of marriage. Thus, if you dont draw up a contract before your marriage it will be considered to be one that is in community of property. This was probably the case with many european arranged marriages of the past and with the great majority of traditional arranged african marriages. Marriage in south africa, like most subsaharan african societies, is a process. Marriage rates rose as the divorce rate rose, but reached an earlier peak in 1972.