Divorce Around the World

The two forms are simple ranking and complex ranking.

Wives are ranked according to the date of their marriages.

The date of the customary marriage determines the wife's rank.

Recognition of Customary Marriages Amendment Act 1 of 2021

A contract must be concluded

Pre-RCMA polygamous marriages and monogamous marriages concluded after 15 Nov 2000

Conflict of laws refers to the method of choosing an appropriate rule to apply in the interests of justice. Its purpose is to arrive at a just order or finding.

Conflict of laws can take place between two legal systems in two different countries (private international law) or between two legal systems in one country due to diversity (private or internal conflict of laws).

'Lex fori' refers to the law of the forum or the law of the court hearing and disposing of an action. 'Lex causae' refers to the law of the cause, where there is a conflict of laws, the law which has precedence to dispose of the action. 'Lex loci celebrationis' refers to the law of the place where the marriage is celebrated.

Conflict of laws relates to the methods used to resolve disputes arising from interactions between people subject to different legal systems. The conditions necessary for the existence of conflict of laws are the presence of social and commercial intercourse between people subject to different legal systems.

Customary law by nature avoids conflicts. If a conflict arises, it must be resolved using customary law. Conflicts under customary law are avoided through the integration of communities to one legal system, communities tending to keep to themselves during marriage and trade, and mutual respect for culture and way of life.

When conflicts between different systems of customary law occur, rules are applied to determine the applicable system. The conflict of laws is likely to vary between these different systems of customary law.

In the event of a tacit or implied agreement, the court will impute the terms of the agreement to the parties based on their prior conduct, cultural orientation, or the nature of the transaction.

In the absence of any agreement between the parties, the court will resolve conflicts between customary law and common law by selecting the version of customary law that applies to the place where the defendant resides or works. If no prevailing version exists, the court will apply the defendant's version of customary law.

Under RCMA, marriages concluded before its enactment are recognized as valid. Personal consequences of marriage include attainment of adulthood, which is determined by factors such as initiation and marriage, and the majority status and capacity of spouses, which depend on individual milestones like marriage and parenthood.

strong version and weak version

to raise an heir and continue the family bloodline

High Court, family court, or divorce court

Children are always attached to a family, illegitimacy is not recognized, and the child's affiliation is determined by the payment of lobolo.

There are two types of marriages: simple marriage with two wives and complex marriage with more than two wives. Each wife has a separate house, and the husband must treat all wives equally.

The Bill of Rights introduced the best interests of the child principle, which states that the best interests of the child are of paramount importance in all matters concerning a child. Lobolo no longer has an effect on parental rights.

The court considers whether the parties agreed expressly or tacitly to a specific version of customary law. If there is an express agreement, the court implements the agreement. If there is no agreement, the court looks at the place of residence or work of the defendant and applies the version of customary law that applies to that place.

Yes, conflicts of customary law can arise within the same community. For example, conflicts can arise between different versions of customary law within a patrilineal community during marriage negotiations. The version of customary law applicable to the bride's family group determines issues surrounding lobolo and the delivery of goods, while the version of customary law of the husband's family determines the consequences of the marriage and the status of the bride and her children.

Section 1(3) of the Law of Evidence Amendment Act provides a way to resolve conflicts of laws. Parties can agree to the applicable legal system, and the court must apply the decision of the parties. If no agreement is reached, the court looks at the place of residence or work of the defendant for a solution. If the defendant has multiple versions of customary law, the court looks at the first version for a solution.

A court has the same powers as those found in sections 7, 8, 9 and 10 of the Divorce Act and section 24(1) of the Matrimonial Property Act.

Maintenance pending litigation, interim custody or guardianship of any child, and/or a contribution towards costs.

It deals with testate and intestate succession, and the manner in which a person's estate or eligible assets are inherited by their beneficiaries after their death.