If they want to change after they are already married they will have to apply to the High Court. It is to be noted that the deed in question is purported to be a document, which is claimed to be in conformity with the customs applicable for divorce in the community to which the parties to this litigation belong. Really appreciate your patience in answering the questions asked. Prospective spouses to monogamous customary marriages contracted after the coming into operation of the Act are allowed to regulate the matrimonial property system of their marriage by means of an antenuptial contract in the case where they do not wish or intend to marry in community of property. However, neither of you will be able to enter into customary marriages with anyone else while you are married to each other under civil law. The spouses are obliged to register the marriage with the within three months; for marriages which existed before the act came into force, there was a one-year period for registration.
Forms to complete Please contact the offices to enquire on the forms to be completed. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. Mothers were generally tasked with the responsibility of seeking maintenance. None of the material on this site is expressly or impliedly meant to provide legal advice to you. Among the Rajpur Gujaratis in Khandesh, and in the Pakhali Community marriage is dissolved if the husband abandons or deserts the wife. So the legal reforms introduced by the Act to ensure greater gender equality and access to material resources are useful only if the parties dissolve their marriage in a court. This high-profile case raises important questions about what is considered marital property in customary marriages and how marital property can be shared on divorce.
Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage. As per the Hindu Law administered by courts in India divorce was not recognised as a means to put an end to marriage, which was always considered to be a sacrament, with only exception where it is recognised by custom. . The first applicant is the husband of a customary marriage who wishes to conclude a second or further customary marriage. Both must be expressed beforehand. In this case, if the husband keeps the children, then no bride price is due, but if the wife decides to leave with the kids, her family must return part of the bride price that will depend on the total number of kids and their gender. Where the proprietary consequences are not clearly spelt out in the proposed contract, this may lead to difficult problems in the interpretation of the Intestate Succession Act, as amended by the Reform of Customary Law of Succession and Regulation of Related Matters, at the death of any of the spouses to a polygynous customary marriage.
What happens if property belonging to one wife is used for the benefit of a child of another wife or the wife herself? The proprietary consequences of polygynous customary marriages, which were entered into before the date of the commencement of the Act, may also be changed in the same manner as described above. Derrett , in an important article on customary divorces, 'Divorce by caste custom', at 1963 65 Bombay Law Reporter , Journal section, pp. It occurs, mostly, in families of high political status, where it is important that an heir should be born of a properly designated mother. The Recognition of Customary Marriages Act provides that monogamous customary marriages are in community of property, with profit and loss, unless these consequences are excluded by means of an antenuptial contract. It is the foundation of the family and in turn of the society without which no civilisation can exist.
The other decision is that of Gumede v President of the Republic of South Africa which dealt with the interpretation of section 7 1 of the Recognition of Customary Marriages Act. The Recognition of Customary Marriages Act, 1998 declares that a wife in a customary marriage has equal legal status and capacity as her husband, including the ability to buy, own and sell property and the ability to enter into contracts. I am here mainly concern about Second Marriage. This may also arise where the family is unable to return the bride price and offer their daughter as a substitute. In Momanyi Nyaberi the Applicant applied for a declaration that he was entitled to a woman and the children which he had with her. Marriage is an institution in the maintenance of which the public at large is deeply interested. In terms of Notice No.
Any children born out of this union are regarded as children of the deceased. Under customary law there is no waiting period after divorce to remarry. Further, nothing need be proved of which the Courts can take judicial notice. Second, we found a large number of divorces reviewed in the Regional Court involved custody disputes. I want to marry a different lady. My question is, will our marriage still be valid even without it being registered??? At the time of handing the bride over, a celebration is held.
Section 7 provides that a monogamous customary marriage is in community of property, with profit and loss, unless these consequences are excluded by an antenuptial contract. If you were married after the law was passed, you should register your marriage within three months after the marriage. Both types of laws exist in parallel to each other. This is common among the Kisii, Taita and Kuria tribes. A customary marriage may be negotiated over a period of time.
Married couples who separate informally will not benefit from the legal rules regulating the consequences of the dissolution of the marriage. The institution of bride price has been criticised and cases are also recognised that it may be subject to abuse however initially bride price was paid as a token of mutual appreciation for the bride. This includes those marriages that were regarded as invalidated by the Black Administration Act. The act states that the financial status of marriages that existed before the act came into force continues to be regulated by customary law; however in the case of the found this unconstitutional and determined that such marriages, if monogamous, are to be treated as marriages in community of property. A marriage made under Islamic rules must also be registered under the Marriages Act, in order to be valid.
Requirements for entering into a customary marriage : The Recognition of Customary Marriages Act 120 of 1998, came into operation on November 15, 2000, and set certain legal requirements for a valid customary marriage. This customary marriage was, therefore, invalid. In the case of a customary marriage in or out of community of property, but subject to accrual sharing, the court is authorised to terminate the said matrimonial property system and effect its division. She says the agreement or intention to give lobola alone is not enough. Where do I locate the marriage registry in Accra? How can we resolve this matter? Turning to the court to resolve maintenance disputes was regarded as the proper way to handle such disputes. As held in Rasello v Chali In re: Chali v Rasello, once a customary marriage has not been concluded in accordance with customary law, it cannot be regarded as valid even though all the other requirements were met.