Marriage Act, 1961 (South Africa)

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The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the South African Parliament that regulates marriage solemnation and registration in South Africa. It does not deal with the dissolution of marriage, which is governed by the Divorce Act, 1979, or by the marital property regime and the financial consequences of marriage, which is governed by the Matrimonial Property Act, 1984. Some matters relating to marriage are still governed by the general Roman-Dutch law because they have never been handled by Parliament.

The Marriage Law is not the only law in which marriages can be contracted. Recognition of the Customary Marriage Act, 1998 recognizes marriage under African customary law as legitimate marriage, although they are not legally identical to marriage under the Marriage Act. The Civil Union Act, 2006 allows for interfaith marriage equally legally equivalent to marriage under the Marriage Act.

Prior to 1961, the law of marriage in South Africa was based on the law of four colonies that had united in the South African Union, and therefore differed among the provinces. The Marriage Law is enacted to consolidate the law and make it uniform across the country. This law has been amended several times since 1961, especially in 1970 when the marriage bann was abolished.

Video Marriage Act, 1961 (South Africa)

Wedding officer

Marriage can be done only by the marriage officer. All judges and peace judges are automatically marriage officers. The Minister of Home Affairs (or an authority authorized to act on behalf of the Minister) may appoint other civil service officers as marriage officials. In practice, many employees in the local office of the Ministry of Home Affairs are appointed as marriage officials.

The Interior Minister may also appoint ministers of religion or other religious leaders as a wedding official. The text of the Law on Marriage limits these promises to Christian, Jewish or Muslim pastors or "Indian religion" clergy. (Ministers of other religions may be appointed as wedding officers under the Civil Code.) A religious marriage official may refuse to marry incompatible with his religious doctrine.

When a person who is not legally a marriage official acts as one, under the conviction of good faith that he is one, the Minister of Interior can retrospectively validate the marriage made by him. Similarly, when marriage is done by someone who is not a marriage officer, but the spouse has confidence in good faith that he is one, the Minister may retrospectively validate the marriage.

Maps Marriage Act, 1961 (South Africa)

Marriage procedures

Each party in marriage must provide the marriage officer with a South African identity document or a written statement detailing the identity. Since 1970, there is no need to publish or obtain a license, but anyone who objects to a marriage may file a written objection to the marriage officer. If there is an objection, the officer should investigate and decide whether the marriage is valid or not.

Marriage can be done anytime, but a marriage official may refuse to do so before eight in the morning or after four o'clock. Marriage can only be done in religious buildings, government offices, or private homes; in all cases the doors of the building must be open. Other locations may be used if one party is seriously ill or injured. Two witnesses must be present. Proxy marriage is not allowed.

That action regulates the formula of marriage to be pronounced by the officer, unless their religion regulates other formulas. The officer asked each party:

Do you, [name] , state that as far as you know there is no legal obstacle to the marriage you are proposing with [name] here present, and that you call all in here present to witness that you took [name] as your legitimate [wife/husband] ?

When each of them answered "Yes," and had been in hand, the official announced:

I certify that [name] and [name] here are present have been legally married.

Officers, spouses and witnesses then signed a marriage list, which was sent to the Ministry of Home Affairs to record.

A marriage officer may not demand payment for marriage, but a priest can receive a fee to bless the marriage.

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Marriage age

A person under the age of majority, reduced from 21 to 18 by the Children's Act, 2005, can not be married without the consent of his or her parents or legal guardian. If there is no parent or guardian or for some reason they can not give consent, a judge (acting as commissioner of child welfare) may give consent. If a parent, guardian or judge refuses approval, a High Court judge may give consent if it is in the interests of minors.

Further with the requirement for parental consent, no boy under 18 years of age or a girl under 16 years of age may marry without special approval from the Minister of Home Affairs (or an authorized official to act on behalf of the Minister). (This gender discrimination precedes the Constitution of the Republic of South Africa and may be unconstitutional but has not been challenged.)

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Breaches and penalties

A marriage officer who deliberately conducted a legally banned marriage, and someone who is not a marriage officer but intended to make a marriage can be fined up to R400 and jailed for up to a year. A marriage officer who violates other provisions of the Marriage Act may be fined up to R100. A person who makes a false statement for the purpose of marriage can be punished as if he had sworn falsely.

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Amendments

• The Marriage Amendment Act, 1963 and the Marriage Amendment Act, 1968 are technical amendments relating to the publication of a marriage bann or notice of intent to marry and the validity of a special marriage certificate.
• of the Marriage Amendment Law, 1970 removes the requirement that marriage or marriage intention notification be published or that special marriage certificates will be obtained. It also extends the application of the Marriage Law to the South African-Western region (now the independent state of Namibia).
• Marriage Amendment Act, 1972 validated marriage contracted before the amendment of 1970 entered into force in which bann or notice has not been issued properly or special license has not been obtained correctly.
• The Marriage Amendment Act, 1973 allows religious marriageers to follow their religious marriage formula to celebrate marriage instead of using the formula prescribed in the law.
• The Marriage Amendment Act, 1981 included a provision allowing the Minister of Home Affairs to validate marriage by a non-marital officer when a spouse has a good faith conviction that he is a marriage official.
• The Renewal of Marriage Act, 1997 extended the action to be applied in former disputed areas, replacing their previously separate marriage law.

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See also

• Marriage law
• Marriage in South Africa

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External links

• Text of the Marriage Deed, 1961, as amended, on Wikisource

Source of the article : Wikipedia