DIVORCE IN CUSTOMARY MARRIAGES
A customary marriage arises when two people or people involved in a polygamous relationship marry in terms of a custom. Customary marriages are recognised in South African law but in order for this type of marriage to be valid, it has to meet certain requirements as set out in the Recognition of Customary Marriages Act 120/1998 (the Act) which came into effect on 15 November 2000.
Spouses have a duty to register the marriage within a period of three months after the conclusion of the marriage. However, failure to register a customary marriage does not affect the validity of that marriage.
NB: In a divorce of unregistered customary marriage the court must first establish the existence and validity of the marriage. Thereafter the court will the proceed to deal with the divorce provided that it has concluded that a valid customary marriage exists.