South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

Is a man allowed to marry unbder the civil law and customary…

Customer Question
Hi. Is a man...

Hi. Is a man allowed to marry unbder the civil law and customary law. The man is married to his wife under civi law and wants to take a second wife under customary law with the permission of his first wife, is this allowed? will the customary law be recognised

Lawyer's Assistant: What steps has he taken? Has he filed any papers in family court?

No, not as yet. Negotiations for lobol for the second wife are currenly underway

Lawyer's Assistant: Family law varies by state. What state are they in?

I am in South Africa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thats my only question

Submitted: 3 months ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 1 day by:
4/13/2018
Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: South Africa Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Ask Your Own South Africa Law Question
Customer reply replied 3 months ago
Hi. I still need a reponse, I have paid the consultation fee
Lawyer: Christiaan K,
 replied 3 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

I have noticed that your question remains unanswered for a very long time. I will try to assist you in answering your question.

Even though the The Recognition of Customary Marriages Act recognizes customary marriages in SA, neither party to a civil marriage will be able to enter into customary marriages with anyone else while they are married under civil law.

According to the website of the Department of Justice, the following requirements must be met for a customary marriage:

Requirements for a valid customary marriage
The general requirements for a valid customary marriage entered into after the commencement of the Act are as follows:

  1. The prospective spouses must both be above the age of 18 years;
  2. They must both consent to be married to each other under customary law; and
  3. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
  4. If either of the prospective spouses is a minor, either his or her parents, or if he or she has no parents, his or her legal guardian, must consent to the marriage. If there is no legal guardian, the Act provides for substitute consent.
  5. The parties must not be prohibited from marriage because of relationship by blood or affinity as determined by customary law.
  6. In addition to the above requirements, a husband in a customary marriage who wishes to enter into a further customary marriage with another woman after the commencement of the Act, must comply with a further requirement set out in section 7(6) of the Act, namely an application to the Court to approve a written contract which will regulate the future matrimonial property system of his marriages. Non-compliance does not render the subsequent marriage null and void, but will render it to be a marriage out of community of property. In the case of Mayelane v Ngwenyama and another (Womens’ Legal Centre Trust and others as amici curiae) 2013 (8) BCLR 918 (CC) it was confirmed that the husband must obtain the consent of the first wife before he may enter into a further customary marriage. Failure to do so will render the further marriages automatically as out of community of property.
  7. A party to a civil marriage cannot validly enter into a customary marriage with another person while the civil marriage exists.

I hope that I have answered your question.

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christiaan K Your Own Question
Christiaan K
Christiaan K
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
226 Satisfied Customers
Experience: Attorney & Director at Lombard Kotze Incorporated

Christiaan K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,801 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Please help..can you sent me the Act and Section number of
Second opinion] Hi, please help..can you sent me the Act and Section number of the Law stated that cousins can get married… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I have a problem, don't know what steps to take. Iv been
I have a problem, don't know what steps to take. Iv been with my partner for 2 years and we are married traditionally. He made me sell my car and resign. We stay together n no kids yet. Lobola was taken out. Im not happy and im emotionally being abused and being controlled badly. Im not even safe at all. Iv decided to leave the relationship before i get more hurt. What do i do? We bought the house and 3 cars after we got engaged n married traditionally!!! What are my options please help.... … read more
Christiaan K
Christiaan K
LLB
226 satisfied customers
This question is for my mother, she and my father got
good day, this question is for my mother, she and my father got married traditionally about 25 years ago but they never went to home affairs. the problem is my father left my mother and got married se… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My husband s from iZimbabwe we ha ve been staying together
My husband s from iZimbabwe we ha ve been staying together since 2004.we had two kids .First one is 11 now other one passed on in 2011.He went and pay lobola in 2011.Now we need a marriage certificate… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I'm married to my wife and want to marry another one wat
I'm married to my wife and want to marry another one wat should I do for them to be legally married to me both of them… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
i recently found out my South African girl friend who has a
i recently found out my South African girl friend who has a child got married in London U.K and is still married to a South African guy. They all live in Australlia now and recently her South African … read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I am currently in a relationship with a man in a civil marriage. He
I am currently in a relationship with a man in a civil marriage. He wants to make me his wife legally but as far as I understand it is not possible if he is in a civil marriage. Are they able to chang… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My Son, a South African, married a Taiwanese national here
My Son, a South African, married a Taiwanese national here in S.A. in 2009. They moved to Taiwan and settled there. He has permanent residence there and they have three children. They recently got div… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Sorry if this sounds a bit complicated but I am trying to find
Sorry if this sounds a bit complicated but I am trying to find out information to assist my ex mother-in-law as I am very concerned about a situation she is in. My ex-husband re-married and had a chil… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi there, I am a South African National residing in Dubai.
Hi there, I am a South African National residing in Dubai. I'm married to an Iraqi (British national) now for just over a year and we have a 9 month old baby. We were married in South Africa. My husba… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
I have a problem which relates to abuse. A South African
I have a problem which relates to abuse. A South African women and an Egyptian man get married in South Africa. Is this marriage recognised intEgypt? What rights will she have to take her son out of t… read more
Shaie Zindel
Shaie Zindel
Attorney
B.A. (RAU); BProc (RAU)
1,249 satisfied customers
What %is my child entitled to when his father leaves job? Can
What %is my child entitled to when his father leaves job? Can I also claim that he last dumped me without marrying me? Can he still claim that I am his wife, with that signed paper without my name on?… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Im married for six years on customary arrangement and want
I'm married for six years on customary arrangement and want out. I want to take all my stuff including my kids as i have a man who is a liar and have multiple affairs and on a number of occassions i'v… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Is it legal for a lady to have sexual intercourse with her
Is it legal for a lady to have sexual intercourse with her mother's cousin and marry this man? They are blood relatives and is it wrong according to the Bible… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am a South African citizen married to a Slovakian, residing
I am a South African citizen married to a Slovakian, residing in South Africa. My wife has a relative's permit. We are married in South Africa and she is residing here under a relative's permit which … read more
Barendb
Barendb
Master's Degree
777 satisfied customers
I work in workers compensation for mining ind. With all the
I work in worker's compensation for mining ind. With all the changes in Marriage Acts, Customary or Civil and Religious Unions - we are unsure how to deal with our concubines or common law wives - cur… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
I have a physical disability and my son haa intellectuall disability.
I have a physical disability and my son haa intellectuall disability. My husband wants to marry a second wife without my permission. He does not suport the kids, he dinks alot. He is irresponsible. Wi… read more
JP
JP
Bachelor
590 satisfied customers
If a man dies with no will and leaves behind a trust with a
If a man dies with no will and leaves behind a trust with a trustee and executor (the trustee and the executor is the same person) and he is not legally married, but has been living with the same woma… read more
Barendb
Barendb
Master's Degree
777 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x