Can a husband in customary marriage enter into customary marriage with another woman?
A spouse in a customary marriage cannot enter into a civil marriage with another woman. Only the court of law can grant a divorce decree and the ground of divorce is the fact that the marriage has broken down to an extent that it cannot be restored.
Is customary marriage legal?
Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”). This means that the marriage must be entered into in line with the traditions and customs of the parties. The parties who are getting married must be 18 years or older.
How do you end a customary marriage?
Dissolution of marriage in terms of the Act Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.
What makes customary law valid?
The last test that determines whether a customary law is valid or not is the public policy test. Public policy test simply requires that the customary law must not be against public policy. In other words, it must not be injurious to the public good.
How many wives can an Indian man have?
No. A man cannot marry two people or have two wives in India. But the picture is a little different for Muslims under their personal laws. As Muslims have permission to have four wives, while bigamy is legal in Goa and along the western coast.
How do I end an unregistered customary marriage?
Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’. This alone indicates that mere separation will not exclude proprietary consequences in community of property, which will then apply automatically.
Can a same sex couple register a civil partnership?
A civil partnership is a legal relationship which can be registered by two people of the same sex who aren’t related to each other. If you are in a same-sex relationship, registering a civil partnership will give your relationship legal recognition.
Is it illegal for your partner to force you to do something?
A relationship should be a partnership, with neither partner having control over the other. If you are forced to abide by rules set by your partner, it could mean they are committing a crime.
Do you need a pre-registration agreement for a civil partnership?
As civil partners, you may choose to draw up an agreement, known as a pre-registration agreement, before you register your partnership. A pre-registration agreement can set out your rights and obligations towards each other and, in particular, what should happen if your relationship breaks down.
What happens when a civil partnership partner dies?
When a civil partner dies, transfer of property is exempt from inheritance tax. However, you will not be exempt if you and your partner were living together without being in a civil partnership.