When Do We Say it is a Marriage and the Prenups. Part 2.
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Sibongile Mofokeng welcomes Advocate Rufus Malatji to the studio to discuss the types of marriages in South Africa, specifically Customary and Civil marriage.
Customary Marriage is a legally recognized union conducted according to the traditions and customs of specific cultural groups. It can be monogamous or polygamous and involves traditional ceremonies such as lobola (bride price). Both parties must be at least 18 years old (or have guardian consent if younger), consent to the marriage, and the marriage must be registered with the Department of Home Affairs. It is protected by the Recognition of Customary Marriages Act of 1998. Civil Marriage is a legally binding union between one man and one woman, governed by the Marriage Act of 1961. It must be solemnized by a registered marriage officer, conducted with witnesses, and registered. Civil marriages typically default to in community of property unless an antenuptial contract states otherwise. Same-sex couples cannot enter into civil marriages but have the option of civil unions. The discussion further clarifies the legal rights, property regimes, and dissolution procedures associated with each type, emphasizing the importance of understanding these for protection and clarity in marriage.
Customary Marriage is a legally recognized union conducted according to the traditions and customs of specific cultural groups. It can be monogamous or polygamous and involves traditional ceremonies such as lobola (bride price). Both parties must be at least 18 years old (or have guardian consent if younger), consent to the marriage, and the marriage must be registered with the Department of Home Affairs. It is protected by the Recognition of Customary Marriages Act of 1998. Civil Marriage is a legally binding union between one man and one woman, governed by the Marriage Act of 1961. It must be solemnized by a registered marriage officer, conducted with witnesses, and registered. Civil marriages typically default to in community of property unless an antenuptial contract states otherwise. Same-sex couples cannot enter into civil marriages but have the option of civil unions. The discussion further clarifies the legal rights, property regimes, and dissolution procedures associated with each type, emphasizing the importance of understanding these for protection and clarity in marriage.
