About Marriage Law in Durban, South Africa
In Durban, as with the rest of South Africa, marriage is governed by the national Marriage Act 1961. This act regulates marriages of both opposite sex and same sex couples, monogamous relationships, and various customary marriages. Some specific provisions of the act include: the minimum age requirement of 18 years for marriage; the requirement that marriage must be officiated by a licensed marriage officer; and the stipulation that a marriage can be declared null and void if not consummated.
Why You May Need a Lawyer
Specific legal advice may be necessary when drawing up nuptial contracts, obtaining legal rights for traditional or religious marriages, divorce proceedings, and settlements. A lawyer can also provide assistance if there are property disputes, disagreements over custody of children, or issues with maintenance payments after divorce. Additionally, if you plan to marry in Durban but live abroad, the services of a lawyer can be very helpful to navigate the marriage registration process.
Local Laws Overview
Under South African law, a marriage can be conducted either in community of property or out of community of property. The first describes a scenario where all assets and liabilities are shared equally between spouses, while the latter can only be effected through a formal ante-nuptial contract stipulating the separation of assets. Also, polygamous marriages can be legally recognized if they are conducted under customary law. Furthermore, same-sex marriages have been recognized and legal since the implementation of the Civil Union Act of 2006.
Frequently Asked Questions
What happens to property in a divorce?
According to South African law, if you're married in community of property, all assets and debts are divided equally upon divorce. If you're married out of community of property, each party keeps what is theirs, unless the ante-nuptial contract states otherwise.
Do you need a lawyer to get married?
No, you don’t need a lawyer to get married. However, a lawyer can guide you through various legal aspects such as ante-nuptial contracts, marriage registration if you live abroad, or understanding the legal implications of your marriage type.
Are traditional marriages recognized in Durban?
Yes, traditional or customary marriages are recognized and protected under the Recognition of Customary Marriages Act, so long as they fit the criteria outlined in the Act.
Can foreigners marry in Durban?
Yes, foreigners can marry in Durban. However, there may be additional paperwork to be completed and they might need legal assistance to navigate the process efficiently.
Are same-sex marriages legal in Durban?
Yes, same-sex marriages have been legal and recognized in Durban, and all of South Africa, since the Civil Union Act of 2006.
Additional Resources
Department of Home Affairs has comprehensive resources on marriage registration. The Family Law Clinic offers free advice on matters related to family law, including marriage. Alternatively, The Law Society of South Africa provides a list of legal professionals who can assist with marriage-related advice.
Next Steps
If you require legal assistance on any issue relating to marriage in Durban, the first step is to contact a reputable lawyer who specializes in family law. It might be beneficial to compile all relevant documents and information pertaining to your situation to expedite the process. Always remember that early intervention can often lead to more efficient resolution of disputes.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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