Customary Marriages and Life Partnerships in SA
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What does the Recognition of Customary Marriages Act 120 of 1998 (RCMA) establish regarding husbands and wives in customary marriages?

  • Both partners have equal dignity and capacity. (correct)
  • Wives must always be subordinate to husbands.
  • The husband has complete authority over the marriage.
  • Only the wife has legal capacity in the marriage.

    • South Africa legally recognizes polygyny but does not recognize polyandry.

    True

    What type of marriage is concluded in accordance with customary law?

    Customary marriage

    ______ partnerships were afforded partial recognition due to their inability to marry.

    <p>Same-sex</p> Signup and view all the answers

    What legal principle was affirmed in the case of Volks v Robinson?

    <p>Heterosexual life partners are not entitled to maintenance if they had the choice to marry.</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Polygamy = Multiple partners Polygyny = One man with multiple women Polyandry = One woman with multiple men Customary marriage = Marriage according to customary law</p> Signup and view all the answers

    Which act extends the recognition of life partners as spouses for intestate succession?

    <p>The Intestate Succession Act</p> Signup and view all the answers

    Equal dignity and capacity in a marriage apply to both husband and ______.

    <p>wife</p> Signup and view all the answers

    What did the Constitutional Court find unconstitutional regarding the definitions in certain Acts?

    <p>They did not recognize heterosexual and homosexual permanent life partners as spouses.</p> Signup and view all the answers

    The Constitutional Court formally recognizes religious marriages in South Africa.

    <p>False</p> Signup and view all the answers

    What is the term for the period a woman must wait before remarrying after the dissolution of a Muslim marriage?

    <p>Iddah</p> Signup and view all the answers

    The Constitutional Court suspended the order of invalidity for _____ months to allow for new legislation enactment.

    <p>24</p> Signup and view all the answers

    What aspect of Muslim marriages has been argued as unconstitutional according to Heaten and Kruger?

    <p>The short maintenance period following the end of the marriage.</p> Signup and view all the answers

    Match the following legal terms with their descriptions:

    <p>Iddah = Waiting period before a woman can remarry Polygamy = The practice of having multiple spouses Constitutional Court = The highest court in South Africa Marriage Act = Legislation regulating marriage definitions and requirements</p> Signup and view all the answers

    The Women's Legal Centre Trust confirmed the validity of Muslim marriages in South Africa.

    <p>False</p> Signup and view all the answers

    In the case of the Women's Legal Centre Trust v President of the Republic of South Africa, what type of marriages were challenged?

    <p>Muslim marriages</p> Signup and view all the answers

    What does the South African Law Reform Commission (SALRC) propose regarding the marriage laws?

    <p>To unify the marriage laws by passing a single marriage Act</p> Signup and view all the answers

    The Protected Relationships Bill is part of the proposals to unify marriage laws.

    <p>True</p> Signup and view all the answers

    What is one of the objectives of the proposed Bills?

    <p>To provide for the registration of protected relationships or marriages and life partnerships.</p> Signup and view all the answers

    The Single Marriage Statute would recognize any subsisting monogamous or _______ marriage concluded in terms of any religion or culture.

    <p>polygynous</p> Signup and view all the answers

    Match the following Bills with their primary objectives:

    <p>Protected Relationships Bill = To formalize cohabitation agreements Recognition and Registration of Marriages and Life Partnerships Bill = To register marriages and life partnerships Domestic Partnerships Bill = To support informal relationships Single Marriage Statute = To unify all marriage laws</p> Signup and view all the answers

    What are the Draft Legislation proposals made by SALRC under Project 144?

    <p>It includes the Protected Relationships Bill and the Recognition and Registration Bill</p> Signup and view all the answers

    The SALRC is affiliated with the UP Law Faculty.

    <p>False</p> Signup and view all the answers

    What is meant by 'protected relationships' in the context of the proposed Bills?

    <p>Relationships that are formally recognized and have specific rights and responsibilities.</p> Signup and view all the answers

    Which factor is NOT required for a marriage under customary law?

    <p>Marriage certificate from a government authority</p> Signup and view all the answers

    A void marriage is one that is recognized as valid from the beginning.

    <p>False</p> Signup and view all the answers

    What is the term used for the traditional bride price that must be paid for a customary marriage?

    <p>Lobolo</p> Signup and view all the answers

    In South Africa, a civil marriage abroad is recognized if it meets local law and does not offend ______.

    <p>public policy</p> Signup and view all the answers

    Which of the following is a consequence of a valid marriage?

    <p>Parties can inherit intestate from each other</p> Signup and view all the answers

    Match the following types of marriages with their characteristics:

    <p>Valid Marriage = Children are deemed to be children of married parents Void Marriage = Does not come into existence Voidable Marriage = Can be annulled by one party Customary Marriage = Requires lobolo and consent</p> Signup and view all the answers

    The consent of the bride's father or guardian is necessary for establishing a valid customary marriage.

    <p>True</p> Signup and view all the answers

    What is the legal implication if a marriage is declared void?

    <p>The parties are considered unmarried and the status of any children may be affected.</p> Signup and view all the answers

    What is the status of children born to parents in a void marriage?

    <p>They inherit intestate.</p> Signup and view all the answers

    In a voidable marriage, children are considered children of married parents until the marriage is annulled.

    <p>True</p> Signup and view all the answers

    What is the primary consequence of a voidable marriage?

    <p>It can be set aside by a court by an order of annulment.</p> Signup and view all the answers

    In a void marriage, there exists a reciprocal duty of ______.

    <p>support</p> Signup and view all the answers

    Match the marriage types with their characteristics:

    <p>Void Marriage = No rights for parties to inherit Voidable Marriage = Can be annulled by court Intestate Succession = Children may inherit Matrimonial Property System = Depends on an agreement at marriage</p> Signup and view all the answers

    Which of the following is a consequence of annulment?

    <p>It has retrospective effect.</p> Signup and view all the answers

    Individuals in a void marriage can legally marry another person.

    <p>True</p> Signup and view all the answers

    What must be present for a voidable marriage's validity?

    <p>Consensus and capacity to act.</p> Signup and view all the answers

    Study Notes

    Customary Marriages

    • The Recognition of Customary Marriages Act 120 of 1998 (RCMA) formally recognizes marriages concluded in terms of customary law.
    • The RCMA abolishes marital power of the husband and gives equal dignity and capacity to both partners in the marriage.
    • The RCMA formally recognizes the practice of polygynous marriages, specifically polygyny (one man and many women).
    • Polyandry (one woman and many men) is not recognized in South Africa.

    Life Partnerships in South Africa

    • Life partnerships have received recognition and protection in South Africa through various legal judgments.
    • In the past, same-sex life partners were afforded more protection than heterosexual couples, as they did not have the option of marriage.
    • Legal developments have extended recognition and protection for life partnerships as spouses for the purposes of the Intestate Succession Act and the Maintenance of Surviving Spouses Act, including both heterosexual and homosexual couples.

    Religious Marriages in South Africa

    • The Constitutional Court has recognized Muslim marriages as valid marriages.
    • The definition of marriage in the Marriage Act and the Divorce Act was found unconstitutional for not recognizing marriages solemnized in accordance with Sharia law.
    • The Constitutional Court suspended the order of invalidity for 24 months to allow for the legislation to be amended.

    Proposed Legislation

    • The South African Law Reform Commission (SALRC) is working on proposals to reform legislation to better regulate informal life partnerships.
    • SALRC proposed a Single Marriage Statute to unify marriage laws in South Africa.
    • The proposed legislation includes:
      • The Protected Relationships Bill
      • The Recognition and Registration of Marriages and Life Partnerships Bill
    • The legislation aims to rationalize marriage laws for all types of relationships.
    • The legislation will provide for the registration of protected relationships and marriages, including:
      • Monogamous or polygynous marriages
      • Life partnerships where parties cohabitate and have assumed permanent responsibility for supporting each other.
    • The proposed legislation includes a requirement that customary marriages must be negotiated and entered into in accordance with customary law.
    • These requirements include:
      • Consent of the bride
      • Consent of the bride’s father or guardian
      • Payment of Lobolo
      • Handing over the bride
      • Consent from existing wife or wives.

    Foreign Marriages

    • Civil marriages concluded abroad will be recognized in South Africa if they fulfill the following criteria:
      • The marriage is valid under the laws and formalities of the place where the marriage was concluded
      • Recognizing the marriage does not violate South African public policy.

    Valid, Void and Voidable Marriages

    • Valid Marriage:
      • Children are considered children of married parents.
      • There is a reciprocal duty of maintenance between spouses.
      • Parties can inherit intestate from each other.
      • Spouses cannot conclude another marriage.
      • The status of the parties changes from unmarried to married.
      • A matrimonial property system is established to determine the financial consequences of the marriage.
    • Void Marriage:
      • A void marriage does not come into existence.
      • It is considered void ab initio (from the beginning).
      • A declaratory order can be obtained from the court to confirm the marriage is void.
      • Validity Requirements: If any of the requirements are not met, the marriage may be considered void.
      • Consequences :
        • The status of parties remains unmarried.
        • The status of children is considered the same as children of unmarried parents.
        • There is no reciprocal duty of support.
        • The parties cannot inherit intestate from each other.
        • No matrimonial property system comes into existence.
        • The parties are free to conclude another marriage.
    • Voidable Marriage:
      • It is considered a valid marriage with legal consequences until a court sets it aside.
      • It has retrospective effect.
      • Validity Requirements: Consensus and capacity to act are required.
      • Consequences:
        • Status of parties: Married until set aside.
        • Status of children: considered children of married parents until set aside.
        • Reciprocal duty of support exists unless set aside.
        • Intestate succession rights apply unless the marriage is set aside.
        • The application of the matrimonial property system depends on the system agreed on at the time of marriage.
        • Parties cannot conclude another marriage unless the marriage is set aside.
      • Exceptions:
        • If annulled, there are no consequences and the annulment has retrospective effect.
        • Interests of third parties are protected and the annulment will not affect agreements with third parties based on the marriage that is later annulled.
        • Children born from the annulled marriage are considered children of married parents.

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    FMR 121 Notes 2024 Family Law PDF

    Description

    This quiz explores the legal frameworks governing customary marriages and life partnerships in South Africa. It covers the Recognition of Customary Marriages Act 120 of 1998 and the evolving recognition of life partnerships, offering insights into polygyny, marital power, and legal rights for different types of couples.

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