Secular vs

What are the two questions that need to be answered in order to determine the lawfulness of a marriage?

Are the parties generally competent to conclude a marriage? 2. Are the parties competent to conclude a marriage with each other?

What are the two factors that may prevent a person from being competent to conclude a marriage?

Age and being already married.

What is the minimum age for concluding a civil, customary, or Muslim marriage for girls and boys?

12 for girls and 14 for boys.

What are the two possible factors that may create an impediment for parties to conclude a marriage with each other?

Being of the same sex and being too closely related. Signup and view all the answers

Which Act prohibits marriages between persons of the same sex?

The Marriage Act and the RCMA. Signup and view all the answers

According to the Alteration of Sex Description and Sex Status Act 49 of 2003, what can a person do if their sexual characteristics have been altered?

They may apply to the Department of Home Affairs to alter the sex description on their birth certificate. Signup and view all the answers

What was the court's decision regarding altering the sex status of transgender spouses?

The court held that registering the alteration could not affect the validity of an already existing marriage under the Marriage Act. Signup and view all the answers

What are the rules regarding marriage between blood relatives in the direct line of descent?

Parties in the direct line of descent, such as parent and child, are absolutely and forever prohibited from marrying each other. Signup and view all the answers

What are the rules regarding marriage between blood relatives in the collateral line?

Parties in the collateral line, such as uncle and nephew or niece, may legally marry each other if they are two or more generations removed from their common ancestor. Signup and view all the answers

What are the rules regarding marriage between spouses and the blood relatives of their ex-spouse?

A spouse may not marry their ex-spouse's parents or children, but may marry their ex-spouse's siblings. Signup and view all the answers

What is an impediment to marriage created by an adoption order?

An adoption order creates an impediment to marriage between an adoptive parent and an adopted child, but an adopted child may still marry any other member of their adoptive family. Signup and view all the answers

What is the difference between secular marriage officers and religious marriage officers?

Secular marriage officers are public service officers such as magistrates and officials of the Department of Home Affairs, while religious marriage officers are appointed from a pre-approved religious organization. Signup and view all the answers

What is the appointment procedure for religious marriage officers under the Civil Union Act?

The appointment procedure for religious marriage officers under the Civil Union Act differs from the procedure prescribed in the Marriage Act. The Civil Union Act only allows for the appointment of a religious officer from a pre-approved religious organization. Signup and view all the answers

What can religious officers refuse to solemnize a civil marriage or civil union based on?

Religious officers can refuse to solemnize a civil marriage or civil union that does not conform to their religious denomination or organization’s rites, formularies, tenets, doctrines, or disciplines. Signup and view all the answers

What are the consequences for misrepresenting oneself as having the authority to solemnize a civil marriage or civil union?

Misrepresenting oneself as having the authority to solemnize a civil marriage or civil union is considered an offense. Signup and view all the answers

What does the Civil Union Act require for the solemnization of civil unions?

It requires that a civil union be solemnized “in a public office or private dwellinghouse or on premises used for such purposes, with open doors”. Signup and view all the answers

Does the Civil Union Act allow the solemnization of civil unions in religious buildings?

No, the Act does not expressly provide for the solemnization of civil unions in religious buildings. Signup and view all the answers

What is the default marriage formula prescribed by the Marriage Act?

The default formula asks the “husband” or “wife” to declare that there is no lawful impediment to their marriage and to call on all present to witness that they take each other as their lawful “wife” or “husband”. If both parties reply in the affirmative, they will be asked to give each other their right hands, and the marriage officer will declare the parties to be lawfully married. Signup and view all the answers

What is the consequence of failing to register a marriage or life partnership?

The failure to register a marriage or life partnership will not lead to the invalidity of the relationship. Signup and view all the answers

What are the requirements for a valid customary marriage according to the Recognition of Customary Marriages Act?

Consent of the bride, consent of the bride's father or guardian (can be replaced by the mother if the father is deceased or not competent to give consent), payment of lobolo (negotiation regarding the customary marriage and payment of lobolo is a fundamental stage, but full payment is not required) Signup and view all the answers

What is the significance of the consent of the first wife in a customary marriage according to Xitsonga customary law?

The consent of the first wife is required for the validity of a subsequent customary marriage entered into by her husband, as established by the constitutional court in MM v MN, based on the human rights of equality and dignity. Signup and view all the answers

What are the requirements for a civil marriage concluded abroad to be recognized in South Africa?

The marriage must be valid according to the law and formalities of the place where it was concluded (lex loci celebrationis), and recognizing the marriage must not offend public policy. Signup and view all the answers

Why were polygamous marriages not recognized in South Africa in the past?

Polygamous marriages were considered against good morals (contra bonos mores) and not recognized. However, since South African law now recognizes most types of marriages, it would be difficult to not recognize a foreign marriage in South Africa on the basis that it offends public policy. Signup and view all the answers