Customary marriages in South Africa are recognized under the Recognition of Customary Marriages Act (RCMA), even if they are not registered, provided they meet certain requirements. If you are seeking a divorce from an unregistered customary marriage, understanding your rights and the legal process is crucial.
The experienced team at RMB Attorneys can help guide you through the complexities of dissolving a customary marriage.
Is Your Customary Marriage Valid?
For a customary marriage to be legally valid, the following must apply:
- Customary Rites Performed: The marriage must comply with the customs of the respective communities.
- Agreement Between Families: There must be an agreement between the families, which may include lobola negotiations.
- Capacity to Marry: Both parties must be above the minimum marriage age (18 years) and not be in an existing civil marriage.
Unregistered customary marriages are valid but must still be dissolved through legal divorce proceedings.
Steps to Divorce an Unregistered Customary Marriage
- Consult a Divorce Lawyer
Divorce in a customary marriage involves unique legal considerations. A lawyer can assess the validity of your marriage and advise on property division, custody, or other issues. - File for Divorce in Court
Customary marriages are dissolved by the High Court or a Regional Divorce Court, just like civil marriages. The court requires proof that the marriage exists, which may include:
- Witness statements.
- Evidence of lobola negotiations or ceremonies.
- Division of Property
Like civil marriages, the division of assets in a customary marriage is determined based on whether the marriage was in community of property or out of community of property. If no agreement exists, the court will decide on a fair division. - Custody and Maintenance
If children are involved, the court will decide on custody, access, and maintenance based on the best interests of the children.
Why Legal Assistance is Important
While unregistered customary marriages are recognized by law, they can be more complex when it comes to divorce. A lawyer will ensure the correct legal procedures are followed, help with the division of assets, and address any custody issues. At RMB Attorneys, we offer expert legal support to ensure your rights are protected during the divorce process.
If you are facing the dissolution of an unregistered customary marriage, contact RMB Attorneys for professional advice and representation.