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Understanding the legal aspects of customary marriages in South Africa | SA News

In South Africa, a customary marriage may begin with ancestral blessings, lobola payments and the union of two families – but when that union breaks down, tradition alone will not suffice.

According to Cor Van Deventer, Director of Sandton-based law firm VDM Incorporated, while the Recognition of Customary Marriages Act (RCMA) gives full legal status to cultural marriages, it draws a firm line when it comes to divorce, as only a court of law can dissolve them.

He pointed out that a customary marriage will automatically default to ‘“in Community of Property” (COP). “A customary marriage carries the same legal weight as a legal marriage in South Africa; though registration is encouraged,…

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