What is the meaning of customary marriage?

“Customary marriage” is a marriage which takes place in terms of the customs of the community. A “civil marriage” takes place in a church or in front of a magistrate. Some people observe traditional customs and also get married in a church.

What is traditional or customary marriage?

the primary established form of marriage recognized in a given country or religious or social group at a given time: In that culture, traditional marriage requires the families of the future bride and groom to engage in ritual visits and exchange gifts.

What is customary law marriage in Nigeria?

Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom’s families. In Nigeria this could involve the paying of bride price, giving of gifts, etc. Marriage under the Act is a marriage that has been performed in compliance with the Marriage Act.

What is customary marriage law in South Africa?

A customary marriage is defined as a union that is negotiated, celebrated and concluded in terms of indigenous African customary law. Customary law is an amazing part of the South African law which governs the laws relating to customary marriages (also referred to as a traditional marriages).

What is the advantage of customary marriage?

Customary law allows the husband, by virtue of his matrimonial power, to dispose of assets, including land, on behalf of the family when property is held jointly. When a woman contracts into a customary marriage, the husband has the legal power to dispose of land on behalf of the family (17).

How is customary marriage done?

Requirements for a customary marriage The marriage must be negotiated, entered into or celebrated following customary law. The prospective spouses must be above the age of 18 years. Both prospective spouses must consent to the marriage. The parents of a prospective spouse who is a minor must consent to the marriage.

What is the difference between civil marriage and customary marriage?

There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

Does a customary marriage need to be registered?

Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

What are examples of customary law?

Customary law covers all matters regulating personal and family life including matters relating to children (such as care, contact, maintenance, guardianship and initiation); marriage and the consequences of marriage (rights and responsibilities of spouses during and after the marriage); succession (who has a right to …

What is the importance of customary law?

Especially in rural areas and among indigenous peoples, customary laws and practices provide the rules that define people’s lives and interactions. They are relied upon in developing access to and use of natural resources, especially water, and in resolving management conflicts.