Recognition of Customary Marriages Act | Act 1 of 2021 — South Africa law | Esheria

Recognition of Customary Marriages Act

This section amends the definition of “traditional leader” in the principal Act.

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Jurisdiction
South Africa
Instrument
Act or statute
Citation
Act 1 of 2021
Version
Undated source snapshot
Language
en
Updated
Official source
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amendments customary marriage definition change definitions estate administration family property marital property

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Statute overview

About this statute

This section amends the definition of “traditional leader” in the principal Act. This section amends the law on proprietary consequences for certain customary marriages, giving spouses joint and equal rights over marital property and requiring those rights to be exercised jointly in the specified family context. This provision replaces the definition of “traditional leader” in the Act. This amendment says certain spouses in a pre-commencement customary marriage have joint and equal rights in marital property, and those rights must be exercised jointly in the interests of the family. Each spouse keeps exclusive rights to personal property, and a customary marriage is in community of property and profit and loss unless the spouses exclude that result in an antenuptial contract.