There are currently three separate Acts that regulate the registration and recognition of marriages and civil unions in South Africa. These are the Marriage Act, the Recognition of Customary Marriages Act and the Civil Union Act.
Recently, a new Marriages Bill 2023 has been published for comment, which intends to consolidate these Acts into a single document.
The preamble of the Bill recognises that due to the rich cultural and religious diversity in South Africa, it has become necessary to extend the different types of marriages that must be recognised and the proprietary consequences of such marriages. Some commentary on the Bill however suggests that it is silent on many issues such as cohabitation and the coexistence of civil and customary marriages.
The work put in to drafting a new marriages bill was certainly expedited by a judgment by the Constitutional Court in 2022 in an application brought by the Women’s Legal Centre Trust, which confirmed that certain sections of the Marriages Act and the Divorce Act were inconsistent with the Constitution and declared invalid. The judgment also confirmed that the non-recognition of marriages under Sharia Law meant that women were often not afforded with the same protection and remedies when they divorce.
A media statement was released as recently as 9 May 2024, indicating that the President has subsequently signed the Divorce Amendment Bill which now addresses these shortcomings and provides for a definition of a Muslim marriage in the Divorce Act of 1979; the protection and safeguarding of the interests of dependent and minor children of a Muslim marriage; the redistribution of assets on the dissolution of a Muslim marriage and forfeiture of patrimonial benefits of a Muslim marriage.
February 6, 2025
Steering the Ship: Highlighting Key Rights and Responsibilities of Directors
Directors play a crucial role in the management and governance of companies. Director’s rights and…
0 Comments4 Minutes
January 29, 2025
Divorce Amendment Act 2024 regarding Muslim Marriages
The Divorce Amendment Act 2024 marks turning point in South African family law by officially…
0 Comments4 Minutes
January 21, 2025
Shopping like a Billionaire just became more expensive
E-commerce is climbing the ladders as a growing industry. It is considerate that the vast majority…
0 Comments4 Minutes
January 13, 2025
Understanding the difference between Full Title and Sectional Title properties
Buying a home is one of the biggest financial decisions you will ever make. Understanding different…
0 Comments3 Minutes
December 11, 2024
Rights of the Unborn Child
Imagine a society in which an unborn child's rights are protected before they are ever born.…
0 Comments4 Minutes
November 21, 2024
JJR Trust and Estates
To plan for your future, both in life and in death is something that should be considered with…
0 Comments1 Minutes
October 4, 2024
Can you sell an RDP house?
The Department of Human Settlement (DHS) is the governmental body responsible for the RDP policy.…
0 Comments4 Minutes
September 29, 2024
Can a Will be contested?
In South Africa, a will is a legal document that outlines a person’s wishes for the distribution of…
0 Comments3 Minutes
September 18, 2024
Antenuptial Contracts and Deceased Estates
When getting married out of community of property, either with or without accrual, it is vital that…
0 Comments2 Minutes
September 13, 2024
Testamentary Trusts – Minors and Inheritances
The utilisation of trusts is becoming more and more common. It is an effective manner of…
0 Comments5 Minutes