Best Marriage Lawyers in Eswatini

About Marriage Law in Eswatini:

Marriage in Eswatini is primarily governed by the Marriage Act of 1964. This act outlines the legal requirements for marriage, including age restrictions, consent requirements, and the process for solemnizing the marriage. In Eswatini, both civil and customary marriages are recognized.

Why You May Need a Lawyer:

There are various situations where you may need legal assistance in matters related to marriage in Eswatini. Some common reasons include disputes over dowry payments, inheritance rights, divorce proceedings, or issues related to child custody or maintenance.

Local Laws Overview:

In Eswatini, both civil and customary marriages are recognized. Civil marriages are registered with the government and are governed by the Marriage Act of 1964. Customary marriages, on the other hand, are based on local customs and traditions but must still meet certain legal requirements to be considered valid.

Frequently Asked Questions:

Q: What is the legal age for marriage in Eswatini?

A: The legal age for marriage in Eswatini is 18 years old. However, individuals between the ages of 16 and 18 can marry with parental consent.

Q: Can I have multiple spouses in Eswatini?

A: Eswatini allows for polygamous marriages, where a husband can have multiple wives. However, each marriage must be registered and the consent of existing spouses is required.

Q: How can I get a marriage license in Eswatini?

A: To obtain a marriage license in Eswatini, both parties must apply in person at the Registrar of Marriages office. You will need to provide proof of identity, age, and marital status.

Q: What are my rights in a marriage under Eswatini law?

A: In Eswatini, both spouses have equal rights in a marriage, including the right to property, inheritance, and maintenance. The law also prohibits discrimination based on gender in marital matters.

Q: How can I get a divorce in Eswatini?

A: To get a divorce in Eswatini, you must meet certain criteria outlined in the Divorce Act. This includes grounds for divorce, such as adultery, cruelty, or desertion. It is advisable to seek legal advice to navigate the divorce process.

Q: Can I remarry after a divorce in Eswatini?

A: Yes, you can remarry after obtaining a divorce in Eswatini. However, there may be certain waiting periods or legal requirements that need to be met before entering into a new marriage.

Q: What are the requirements for a customary marriage in Eswatini?

A: To have a valid customary marriage in Eswatini, you must follow local customs and traditions, as well as meet certain legal requirements such as consent of both parties and witnesses, and registration of the marriage.

Q: How are assets divided in case of a divorce in Eswatini?

A: In case of a divorce in Eswatini, assets are divided based on the principles of fairness and equity. Factors such as the duration of the marriage, contributions of each spouse, and the welfare of any children involved are taken into consideration.

Q: Can I adopt a child as a married couple in Eswatini?

A: Yes, married couples in Eswatini can adopt a child through the formal adoption process. This involves applying to the court and obtaining legal approval for the adoption.

Q: What rights do children have in a marriage in Eswatini?

A: Children born within a marriage in Eswatini have legal rights to maintenance, inheritance, and care from both parents. It is important to ensure that these rights are upheld in case of a divorce or separation.

Additional Resources:

For additional resources and information on marriage law in Eswatini, you can contact the Ministry of Justice or seek assistance from legal aid organizations such as the Eswatini Law Society.

Next Steps:

If you require legal assistance in matters related to marriage in Eswatini, it is advisable to consult with a qualified lawyer who specializes in family law. They can provide you with the necessary advice and guidance to navigate the legal processes involved in marriage, divorce, child custody, and other related matters.