Page 2 guidelines on the marriage act 1961 for marriage celebrants july 2014 record of updates. Certain persons may in certain circumstances be deemed to have been marriage officers. South african law on marriage annulment legal beagle. Muslim marriages in south africa get the long deserving full recognition by nicolene schoeman louw on june, 2014 in news over the years south african courts have been faced with complex issues regarding the legal status of marriages solemnized in terms of muslim rites and even more so, when it came to the rights and recognition of spouses. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 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. Marriage act 1961 australia wikimili, the free encyclopedia. Section 39a states this act and any amendment thereof shall apply also in the territory of south west africa. Australian law recognises only monogamous marriages, being marriages of two people, including samesex marriages, and does not recognise any other forms of union, including traditional aboriginal marriages, polygamous. 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. Religious leaders, including muslim clerics, are able to become marriage officers in terms of the marriage act, and to register islamic marriages under the terms of this act. The act banned marriages between europeans and noneuropeans, which, in the language of the time, meant that white people could not marry people of other races. In this act registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of marriages, civil registrar of marriages and marriage officer under this act. 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.
The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961. In this act, unless the context otherwise indicates i magistrate includes an additional and an assistant magistrate. Married persons equality act 1 of 1996 namibia legal. 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. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Dissolution of marriages on presumption of death act 31 of 1993. Act of 1961 somewhat countered this trend, authorising marriages under. 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. Be it enacted by the parliament of the republic of south africa, as follows. 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. On marriage in community of property a joint estate is formed with the parties as joint administrators.
Pdf african customary marriages in south africa and the. Dilemma of muslim women regarding divorce in south africa. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. The marriage act, 1961, which allows for the solemnisation of a civil or religious marriage between a man and a woman.
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. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. 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. Constitution of the republic of south africa act 108 of 1996. Customary marriages are recognised through the recognition of customary marriages act 120 of 1998, which came into effect in november 2000. 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. This notice is the prescribed form for this purpose. The prohibition of mixed marriages act in south africa. These clergy can register marriages in terms of the act. Marriage law in south africa derives from the marriage act of 1961, incorporated into the countrys postapartheid constitution in 1994, which defines legal marriage as the union of one man and one woman, although in recent years some constitutional challenges have resulted in changes to the law. Formalities for marriage in south africa family law. The following legislation regulates the marital status of persons in south africa.
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. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. The recognition of customary marriages act, 1998, which allows for the registration of marriages under african customary law. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. A couple married by nikah islamic ceremony that have not registered the marriage in terms of the marriages act 25 of 1961, should likewise contact an attorney to discuss the matrimonial property systems in south africa and consider which will best suit their needs. At present more than 200 muslim clergy are registered as marriage officers in south africa.
Act not to exclude operation of certain state and territory laws 7. Marriage act, 1961 act 25 of 1961 and recognition of customary marriages act 120 of 1998. Republic of south africa constitution act, 1961 wikisource. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The wife in turn cannot make use of the south african judiciary to obtain a divorce, because of the nonrecognition of her marriage. South africa legally recognizes two types of marriages. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. 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. Formalities of marriage in south africa samesex relationships unmarried parents and children parental rights and responsibilities care and contact custody of children divorce in south africa divorce process in south africa division of assets in divorce divorce and retirement funds rule 43 and interim maintenance divorce a missing spouse. In 2004 south africa ratified the african charter on human and peoples rights on the rights of women in africa, including article 6 which sets the minimum age for marriage. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. In solemnizing any marriage the marriage officer, if he is a minister of religion or a person holding a responsible position in a religious denomination or organization, may follow the. Marriage in australia is regulated by the federal marriage act 1961 cth, which applies uniformly throughout australia to the exclusion of all state laws on the subject. I the marriage must be negotiated and entered into or celebrated in accordance with customary law.
There are three different laws under which a marriage may be formed in south africa. This is a burden, which is in direct conflict with islamic law. Pdf law forms one of the major structural contexts within which family lives play out. The new constitution which put that decision into effect replaced.
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. Marriage act 25 of 1961 sa offence and liable on conviction to a fine not exceeding r1 000 or, in default of payment, to imprisonment for a period not exceeding months, or to both such fine and such 12 imprisonment. In this act, unless the context otherwise indicates. Certain marriage officers may refuse to solemnize certain. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. This act sa gg 6670 governs the solemnisation of civil marriages. Dissolution of marriages on presumption of death act 31 of 1993 matrimonial. M in the faculty of law, university of the western cape supervisor. Marriage act, 1961 wikisource, the free online library.
Marriage act, 1961 act 25 of 1961 and recognition of customary marriages act 120 of 1998 the marriage act, 1961 is the act that regulates civil marriages. Amendment of section 29 of act 32 of 1944, as substituted by section 27 of act 94 of 1974 and amended by section 1 of act 56 of 1984 36. A man and a woman between whom a customary marriage subsists are competent to contract a marriage with each other under the marriage act, 1961, but only if neither of them is a spouse in a. Marriage act 25 of 1961, as amended in south africa to march 1978. Be it enacted by the parliament of the republic of south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. In the original 1961 act, marriageable age was set at 16 for females and 18 for males. The presidency of the republic of south africa 2008, p. Marriage act 1961 table of provisions long title part ipreliminary 1. Definitions in this act, unless the context indicates. 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. South africa common law provides that a marriage without an antenuptial contract results in the parties being married in community of property.
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. In 2000 south africa ratified the african charter on the rights and welfare of the child, including article 21 regarding the prohibition of child marriage. 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. Marriage act, 1961unamended wikisource, the free online. The marriage act only provides for monogamous oppositesex marriages.