Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. The marriage act 25 of 1961, the divorce act 70 of 1979. Marriage act 1961 table of provisions long title part ipreliminary 1. In terms of the divorce act, a decree of divorce will be. Any person who, at the commencement of this act, is under the provisions of any prior law authorized to solemnize any marriages as if such law had not been. This notice is the prescribed form for this purpose. Minister of home affairs and another v fourie and another. Marriage act 1961 section 46 coalition of celebrant. Pdf on a daily basis people enquire about the dissolution of islamic marriages, in terms of south african law in south africa. The marriage act 25 of 1961 only monogamous, heterosexual civil marriages may be solemnised in terms of this act. This document provides essential information on the solemnisation of marriages under the marriage act 1961. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union.
Marriage act, 1961 wikisource, the free online library. F2 2 f3 case a is where any persons knowingly and wilfully intermarry according to the rites of the church of england otherwise than by special licence a f4 except in the case of a marriage in pursuance of section 261dd of this act, in any place other than a church or other building in. Marriage act 1961 sect 1 second marriage ceremonies 1 except in accordance with this section. Marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. Be it enacted by the queens most excellent majesty. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1.
Whereas it is expedient to give effect to certain recommendations of the commission on marriage and family laws now, therefore, in pursuance of the proclamation of the seventh day of october, 1958, and in. Act not to exclude operation of certain state and territory laws 7. An ordinance to give effect to certain recommendations of the commission on marriage and family laws. This legislation did not just amend the marriage act 1961 to ensure marriage was available to all couples, it also added new rights for individuals and organisations to discriminate against lgbti couples on the basis of religious prejudice. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Formalities for marriage in south africa family law. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. Section 1 definitions marriage officer any person who is a marriage officer by virtue of the provisions of this act. Muslim marriages in south africa get the long deserving full recognition. Civil marriages are often entered into at religious structures i.
We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Marriage act 1961 sect 1 second marriage ceremonies. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. The marriage act 25 of 1961 aims to set out the rules and regulations relevant to parties that enter into marriages and it affords parties rights and protections as spouses. Positioning homosexual transsexual marriages under the south african marriage act 25 of 1961 is my own work, that it has not been submitted for any degree or examination in any other university. As a result muslim spouses and their children suffered. However, under section 12 of the original 1961 act a female 14 or 15 years or a male 16 or 17 years could. In the original 1961 act, marriageable age was set at 16 for females and 18 for males. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
Government notice 2 of 1987 og 5480 came into force on 1 january 1988. Tanzania the law of marriage act, 1971, as amended by. Pdf dilemma of muslim women regarding divorce in south. As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. Guidelines on the marriage act 1961 for authorised celebrants. In australia, the marriage act 1961 is the current act that regulates marriage law in australia.
Tanzania the law of marriage act, 1971, as amended by act 2373, act 1580 and act 996 sections 102, 1 and 15 of tanzanias law of marriage act of 1971 allow men to contract polygamous marriages, and permit the marriage of 15yearold girls, while the minimum age of marriage. Explanatory material on the marriage act 1961 for marriage celebrants this document provides essential information on the solemnization of marriages under the marriage act 1961 and has been extensively updated. Lesbian and gay equality project and others v minister of home affairs and others, 2005 zacc 19, is a landmark decision of the constitutional court of south africa in which the court ruled unanimously that. Marriage act, 1961 act 25 of 1961 and recognition of customary marriages act 120 of 1998 the marriage act, 1961 is the act that regulates civil marriages. Any person who, at the commencement of this act, or of the marriage amendment act, 1970, is under the provisions of any prior law. The act provides for the consolidation and amendment of the laws relating to the solemnization of marriage and matters incidental thereto. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force. The provisions of this act and the regulations made in terms thereof are applicable to all persons of all population groups who marry in the republic of south africa. Union act further provides that, with the exception of the marriage act 25 of 1961 and the recognition of customary marriages act 120 of 1998, any reference to marriage in any other law, including the common law, includes, with such changes as may be required by the context, a civil union and any.
In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979. Authorities act ii or the local government urban authorities act iii. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. The purpose of the claim was to enable the plaintiff to have her hindu marriage. Arrangement of regulations these regulations do not have headings. Marriage act 1961 section 46 46 certain authorised celebrants to explain nature of marriage relationship 1 subject to subsection 2, before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Explanatory material on the marriage act 1961 for marriage. Marriage act 25 of 1961 laws of south africa university of pretoria. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto.
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