Nnsouth african marriage act 1961 pdf

This however, does not imply that the rcma alleviated all the inequalities, despite its aim to do so. Marriage to take place within three months after notice if the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and. Consul includes consulgeneral, viceconsul, proconsul and consular agent. Words in bold type square brackets indicate omission from existing enactments. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Read more inspire your inbox sign up for daily fun facts about this day in history, updates, and special offers. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. Republic of south africa constitution act no 32 the o. 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. Authority of marriage officers in south west africa. Marriage act an act to make provisions for the celebration of marriages.

African citizenship amendment act, 2010, was a south african citizen by birth. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961. Amended by births and deaths registration act 51 of. Marriage and divorce 2 section 31c of the transfer proclamation excluded the reference to the republic in the act from the operation of section 31 of the general proclamation, meaning that republic retained the meaning given to it in section 7bis of the act south africa and swa. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act.

Act 25 of 1961 hereinafter the marriage act between two heterosexual persons was the only form of marriage recognised by south african law. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. 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. The republic of south africa constitution act of 1961 transformed the country from a dominion within the british commonwealth into an independent republic. Recognition of domestic partnerships in south african law. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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.

An act to provide for the marriage of african christians and for the dissolution of such marriages act no. Marriage act 25 of 1961 sa marriage act 25 of 1961 sa. 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. South africa ratified the convention on the rights of the child in 1995, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1995, which. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Recognition of customary marriages act 120 of 1998 3. The term domestic partnership refers to a relationship of a man and woman who live together as husband and wife without concluding a marriage ceremony. Notwithstanding anything to the contrary contained in the criminal procedure and evidence act. South africa signed a j oint statementat the 2014 human rights council calling for a resolution on child marriage. Marriage act, 1961 wikisource, the free online library. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. This mix is also evident in south africas marriage laws which can roughly be divided.

Civil marriages are generally solemnised at the offices of the dha and at chapels or religious buildings. In ismail v ismail,9 the appellate division held that it was quite clear from the context of the act as a whole that it means a marriage under the. Before 1961, the law of marriage in south africa was based on the law of the four colonies that had been united in the union of south africa, and therefore differed between the provinces. Republic of namibia 7 annotated statutes 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. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961. The new constitution which put that decision into effect replaced. Formalities for marriage in south africa family law. Sexual orientation in the south african constitutional process 2000 32 international law and politics 997. Republic of south africa constitution act south africa 1961. Certain persons may in certain circumstances be deemed to have been marriage officers. 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 customary and statutory law of marriage in nigeria. After a solemnisation ceremony, the marriage officer issues the couple with an unabridged. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. Rated startclass, midimportance this article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. 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. Pdf dilemma of muslim women regarding divorce in south.

Marital status and the everyday life of law in south africa, past and. Family court of a state means a family court of a state that has jurisdiction under the family law act 1975 by virtue of a proclamation under section 41 of that act. The prohibition of mixed marriages act in south africa. Somewhat later, the newly founded republic also left the commonwealth. Republic of south africa southern african legal information. The wife in turn cannot make use of the south african judiciary to obtain a divorce, because of the nonrecognition of her 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. Before the establishment of the recognition of customary marriages act 120 of 1998 rcma, there were many controversial and unequal positions regarding the position of women in a customary marriage. In this act, unless the context otherwise indicates. A person who solemnize a marriage who is not a marriage officer or not authorised under the act.

The regulations are governed by the south african marriage act of 1961 and the civil union act of 2006, both of which outline the regulations regarding how a marriage is performed, and who may marry one another thanks to the latter act, gay marriage in south africa is legal, as well as where and how the wedding may be conducted and by whom. Marriage act cap 50 chapter 50 the marriage act chapter 50 the marriage act arrangement of sections part i general part i general section 1. This declared the former union of south africa a republic. Republic of south africa constitution act south africa. 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 as 18. M in the faculty of law, university of the western cape supervisor.

In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1. All civil marriages concluded by africans were automatically. Act not to exclude operation of certain state and territory laws 7. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. Civil marriages are administered through the marriage act, 1961 act no. Except as aforesaid, and except as in section 37 of this act non observance provided with respect to marriages under that section, no of the condl marriage otherwise lawful which has been actually solem tions of ths ac nized shall be declared void on the ground that any of. 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. Polity offers free access to south african legislation, policy documents and daily political news. This act may be cited as the muslim marriage and divorce act. 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. Licensing of places of public worship part ii preliminaries to marriag epart ii preliminaries to. I the marriage must be negotiated and entered into or celebrated in accordance with customary law. The marriage act was enacted to consolidate the law and make it uniform across the.

Heaton j the law of persons and family law 2008 annual survey of south african law 908964 published in 2009. The civil union act, 2006 allows for inter alia samesex marriages which are legally equivalent to marriages under the marriage act. This act shall be called the prohibition of mixed marriages act, 1949. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. However, whereas the contractual ele ments are fully developed in statutory marriages, they are undeveloped and.

Amended by births and deaths registration act 51 of 1992. Pdf african customary marriages in south africa and the. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. Words underlined with a solid line indicate insertions in existing enactments. 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. Bill to amend the marriage act, 1961 so as to insert certain definitions. To amend the marriage act, 1961 so as to insert certain definitions. Short title this act may be cited as the marriage act. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Application of act to the territory of southwest africa, and repeal of laws of that territory.

Statistics south africa stats sa publishes data on marriages for south african citizens and permanent. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. Act of 1961 somewhat countered this trend, authorising marriages. 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. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no.

A guide to getting married in south africa expatica. Marriage act, 196119720201 wikisource, the free online library. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Marriage act cap 50 chapter 50 the marriage act chapter 50. Be it enacted by the parliament of the republic of south africa, as follows. Births, marriages and deaths a81y1963births, marriages and. Marital status in south africa the following legislation regulates the marital status of persons in south africa. African customary marriages in south africa and the intricacies of a mixed legal system. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. Marriage act, 1961 south africa wikiproject south africa. 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.

Getting married in south africa the south african embassy. South africa marriages and divorces 2012 overview datafirst. The republic of south africa constitution act, 1961 was south africa s constitution from 1961 to 1984. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. 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. Page 2 guidelines on the marriage act 1961 for marriage celebrants july 2014 record of updates. As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. Amendment of section 29 of act 32 of 1944, as substituted by section 27 of act 94 of 1974.