Types of marriages in South Africa, contracts and benefits

Marriages can be classified according to their purpose and how the relationship between two people is defined. Nuptial contracts can exist between intending couples, and the conditions associated with these contracts vary depending on what the couples agree on. Because the purpose of marriage is so varied, there are various types of marriages in South Africa you should be aware of.

There are peculiarities to weddings in South Africa, so understanding them is very important to make an informed decision. For instance, a man is permitted to have more than one spouse, while a woman cannot have more than one spouse, and this has to exist between the opposite sexes. But in 1998, there was an amendment as the law then recognised different marriages, including polygynous unions. Then, in 2006, same-sex marriage was introduced.

Types of marriages in South Africa

Before anyone can marry in South Africa, as stipulated by the Department of Home Affairs, such a person must ensure that they are legally allowed or permitted to do so.

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Apart from that, the legal consequences of a wedding must be understood as well as different marriage contracts. When getting married, the person must be ready to comply with the legal requirements that validate the nuptial ceremony.

South African law recognises three types of marriage: civil unions, civil marriage, and customary weddings.

1. Civil marriage

This kind of union is solemnised at churches and any Department of Home Affairs office. The Marriage Act governs it, and the regulations are also issued based on the terms of the Act.

If a civil marriage occurs, it must be witnessed by at least two witnesses who will also attest to the issuance of the marriage certificate. This can occur in any of the following places:

• Either a church building or any other building where religious services take place.
• A private house or public office, as long as the doors are opened.
• If either of the intending spouses is seriously ill or has injuries, the solemnisation can occur in a hospital or the concerned facility.

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There are three types of civil marriages in South Africa. They include civil marriage in community of property, marriage out of community of property, and marriage out of community of property with accrual.

2. Customary marriage

Customary marriage in South Africa is negotiated, celebrated or concluded according to any of the systems of indigenous African customary law in South Africa.

A customary marriage's marital regime, like civil marriage's, can be in or out of a community of property. Three conditions must be met for a customary marriage to be legally valid.

• Both parties must be over the age of 18.
• They must both agree to be married under customary law.
• Their marriage must be celebrated following their community's customary law.

3. Civil union marriage

Civil unions or civil partnerships were introduced in South Africa in 2006 by the Civil Union Act, which also legalised same-sex marriage. While civil unions are commonly associated with same-sex couples, they can also be formed by opposite-sex couples. Civil union marriages have the same rights, responsibilities, and legal consequences as civil marriages.

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Type of marriage contracts in South Africa

A marriage contract is a legally binding agreement between two people who intend to marry. A marriage contract frequently specifies which spouse will keep the property and other assets if the marriage ends.

If a proper wedding contract was not drawn, the last will, which explains how assets are divided after death, can be used to determine how the assets would be divided.

South Africa has two nuptial contract types: a community of property and an antenuptial agreement.

1. Marriage in community of property

When this type of wedding agreement is entered into, the partners have agreed to combine whatever they have - assets and liabilities - before they got united and during their union.

While this creates and promotes a sense of partnership between the two, the challenging thing is that before any property can be bought or sold, written permission from the other partner must be sought.

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As the two parties share whatever assets they individually owned before the wedding and built together during their union, they have to share the assets equally in case of a divorce.

There is no private management of assets; everything is managed together. Even when one partner needs to sign a credit agreement, written permission from the other partner must be sought.

2. Antenuptial contract agreement

Also known as marriage out of community of property, when this type of wedding contract holds, it means that either or both parties do not want their assets to be shared equally in the event of divorce or death.

And if this is going to happen, both parties must have drawn and signed an antenuptial contract (ANC). When conducting this type of marriage contract, there are two options from which couples can choose - the antenuptial contract with or without accrual.

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When there is an ANC with accrual, in the event of divorce, whatever asset value each of the parties brought into the union is first taken out, and whatever is left, what both of them have built together, is then shared.

On the other hand, when an antenuptial contract without accrual holds, it means that all of each party's assets and liabilities, whether acquired before or after marriage, belong to that party.

So, whatever assets or liabilities each had before and during their union remain part of their assets. A good thing about this is that the partners have separate contractual capacities, and each one's asset remains protected.

What is the new marriage law in South Africa?

The Department of Home Affairs intends to draught and present new marriage laws to the cabinet for approval. Among the significant changes are the following:

• The new Marriage Act will allow South Africans of all sexual orientations, religious beliefs, and cultural backgrounds to enter legally binding marriages.
• Strict guidelines regarding the marriage age will also be implemented.
• It will harmonise the laws governing marriage, marital property, and divorce to address issues related to marital property and intestate succession in the event of a divorce.
• In keeping with Section 15 of the Constitution, it will permit fair treatment and respect for religious and customary beliefs.
• It will cover the registering and solemnising of marriages involving foreign nationals.

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What are the social benefits of marriage?

Marriage is a universal social institution. Getting married has some social advantages, including:

• Men appear to benefit the most physically from marriage and suffer the most health consequences if they divorce.
• Married mothers have lower rates of depression than single or cohabiting mothers because they are more likely to receive practical and emotional support from their spouses.
• On average, married couples accumulate more wealth than single or cohabiting couples.
• Marriage produces social capital. It creates social bonds that benefit the family and the larger society.
• Married people have the automatic right to name their spouse as a beneficiary on their health insurance policy.
• Married couples can divorce, which provides legal protections that a break-up does not.

What is the most popular type of marriage?

Monogamous marriage is the most common type of marriage practised worldwide. It occurs when two people are legally wed and refrain from having any emotional or sexual contact with anyone else.

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What is marriage like in South Africa?

Due to the diversity of the nation's cultures and religions, many different types of marriage are practised in South Africa. Women are only allowed to have one spouse, whereas men are allowed to have multiple spouses.

Having discussed the various types of marriages in South Africa and what marriage contracts are about, making an informed decision becomes easy. Once you have considered each of these, you will know which is best for you and decide accordingly.

READ ALSO: How much do teachers earn in South Africa in 2022? All you need to know

Briefly.co.za recently published an article on the salaries of South African teachers. Teachers are among the most important people in anyone's life. They mould your mind and lay the groundwork for your future career path.

A teacher's worth is immeasurable. They serve as the foundation for all other careers in society. Other professionals, such as doctors, police officers, and financial consultants, would not exist without them.

Source: Briefly News