Direct Answer
Divorce in a customary marriage in South Africa is governed by the Divorce Act 70 of 1979 — the same Act that applies to civil marriages. You must apply to the High Court or Regional Division of the Magistrates' Court for a divorce order. The default matrimonial property regime is community of property unless excluded by an antenuptial contract.
Common Questions
Frequently Asked Questions
Can lobola affect property division on divorce in a customary marriage?
Lobola itself is not a matrimonial asset to be divided. However, the court considers all relevant circumstances when dividing assets. The return of lobola is a customary matter — courts may consider it but are not bound to order it.
What happens to customary marriage property if the marriage was polygamous?
Each wife in a polygamous customary marriage is in a separate marital relationship. Property acquired during each marriage is generally divided between that wife and the husband. The court must determine which property belongs to which marital estate.
Can a wife in an unregistered customary marriage get a divorce in South Africa?
A customary marriage is valid even if unregistered. You can apply to register it at any time, including during divorce proceedings. Courts have granted divorces in unregistered customary marriages by first confirming the marriage's validity.
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