What Is A Customary Marriage?

A customary marriage is a marriage that is “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”.

This does not include marriages concluded in Hindu, Muslim or other religious practices.

What Are The Requirements For A Customary Marriage?

Requirements for a customary marriage

Every customary marriage entered into after 15 November 2000, must comply with the following requirements:

  • Your marriage must be negotiated, entered into or celebrated in accordance with customary laws.
  • Both prospective spouses must consent to the marriage.
  • If you or your partner is under the age of 18, your parents or legal guardians must consent to the marriage.

Is the payment of Lobolo (Bridal Price) mandatory for a Customary marriage?

No. The payment of lobolo is not a specific requirement in terms of the Recognition of Customary Marriages Act, but it is considered as one of the common practices when concluding a customary marriage.

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