Family Law
Customary Marriage
Customary marriages (including lobola-based marriages) are legally recognised in South Africa under the Recognition of Customary Marriages Act, provided registration requirements are met.
Legal Definition
The Recognition of Customary Marriages Act 120 of 1998 recognises customary marriages as valid legal marriages. They must be registered within three months of celebration. Customary marriages are potentially polygynous (a man may marry multiple wives) but require the consent of existing wives.
📖 Constitutional / Statutory Basis: Section 15 (religion and culture), Section 9 (equality), Constitution of the Republic of South Africa, 1996; Recognition of Customary Marriages Act 120 of 1998
Practical Example
A couple is married by customary practice and lobola is paid. The marriage is legal even without a civil ceremony, but should be registered at the Department of Home Affairs.
Frequently Asked Questions
Do customary marriages need to be registered?
Yes — registration is compulsory within three months. Failure to register does not invalidate the marriage but creates evidentiary problems.
What is the default matrimonial property regime for customary marriages?
Community of property — unless the parties execute an ANC before marriage.
Can a customarily married person also have a civil marriage?
No. A person in an existing customary or civil marriage cannot contract another civil marriage without first dissolving the existing one.
Related Terms
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