Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. If an internal link led you here, you may wish to change the link to point directly to the. Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister. Marriage act 25 of 1961 laws of south africa university of pretoria. To extend the operation of the marriage act, 1961, to the whole of south africa. Marriage to take place within three months after notice if the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and. Rautenbach refers to this unique blend of common and customary law as a pot food. The marriage act 1961outline the definition of marriage and the 2004 amendments to the marriage act 1961 bills supporting amendment of the marriage act 1961 to. Introduced on 27 may 2004, it proposed to amend the marriage act 1961 to define marriage and prevent same sex couples from adopting children from overseas countries. Marriages under the marriage act and the civil union act must be. The marriage act, 1961, which allows for the solemnisation of a civil or religious.
F2 2 subject to subsection 3 of this section, a marriage solemnized f3. These are the marriage act 1961,21 re ecting the eurocentric notion. Rental housing act prevention of illegal eviction from and u. The marriage acts, 1864 to 1956 marriage act of 1864 28 vic. To amend the marriage act, 1961 so as to insert certain definitions. Pdf african customary marriages in south africa and the. Any person who, at the commencement of this act, is under the provisions of any prior law authorized to solemnize any marriages as if such law had not been.
This provision has merely confirmed the repealed section 221 of the black administration act. Marriage in south africa exists in a number of different forms, as a result of the diversity of. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. According to majumdar 1961 the tribe is a collection of. The marriage act 25 of 1961, the divorce act 70 of 1979. Pdf version mary anne neilsen law and bills digest section. The reprint shows the law as amended by all amendments that commenced on or before that day reprints act 1992 s 5c. Pdf south africa has a mixed legal system comprising of transplanted.
Marriage act 25 of 1961, as amended in south africa to march 1978. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. A worthwhile note here is that the law does not exclude people of other nationalities, as long as you meet the marriage act 1961 requirements you can be married in australia. Samesex marriage is a pending constitutional battlefield. Amended by births and deaths registration act 51 of 1992. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1. Certain persons may in certain circumstances be deemed to have been marriage officers. The practice of combining customary with civil ceremonies is common in. Family court of a state means a family court of a state that has jurisdiction under the family law act 1975 by virtue of a proclamation under section 41 of that act. This act sa gg 2635 concerns jurisdiction over divorce proceedings. The marriage act only provides for monogamous oppositesex marriages. F2 2 f3 case a is where any persons knowingly and wilfully intermarry according to the rites of the church of england otherwise than by special licence a f4 except in the case of a marriage in pursuance of section 261dd of this act, in any place other than a church or other building in. In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979.
This legislation did not just amend the marriage act 1961 to ensure marriage was available to all couples, it also added new rights for individuals and organisations to discriminate against lgbti couples on the basis of religious prejudice. So despite anyones personal views on samesex marriage, the law today states it is between a man and a woman. This notice is the prescribed form for this purpose. This bibliography was generated on cite this for me on tuesday, february 23, 2016. It contains information about organisations, people, policies, legislation and events related to the history of child welfare. Any marriage solemnized under this act shall be voidable and may be annulled by a decree of nullity if.
From the above it is clear that the date of conclusion of the civil marriage will be the deciding factor to ascertain whether such marriage is. Marriage act 1961 sect 1 second marriage ceremonies. Marriage act, 1961 wikisource, the free online library. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. Marriage act 1961 section 45 45 form of ceremony 1. Marriage act 1961 other bibliographies cite this for me. Marriage act 1961 section 46 coalition of celebrant.
Marriage act 1961 section 45 coalition of celebrant. The beauty of sexual love is for every married and soon to be married christian couple who want to make lovemaking a pleasure in their marriage. Marriage act 1961 section 46 46 certain authorised celebrants to explain nature of marriage relationship 1 subject to subsection 2, before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the. Using bible passages from the niv version and recent findings in the medical and sociology fields, they also provide. The high court will this week begin deliberating on whether or not the acts samesex marriage bill is consistent with the constitution. Marriage act 1961 sect 1 second marriage ceremonies 1 except in accordance with this section. This document provides essential information on the solemnisation of marriages under the marriage act 1961. A proposal was made that the joining of parties in marriage should be. In this book the lahayes give frank and practical insight into orgasmic love and the value of kegel exercises. When two people enter into a marriage in community of property, their estates merge.
To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Any person who, at the commencement of this act, or of the marriage amendment act, 1970, is under the provisions of any prior law. Marriage act 1961 sect 5 interpretation 1 in this act, unless the contrary intention appears. These are the sources and citations used to research marriage act 1961. In the original 1961 act, marriageable age was set at 16 for females and 18 for males.
Marriage act 1961 australia marriage act, 1961 south africa this disambiguation page lists articles associated with the title marriage act 1961. Pdf understanding the concept of marriage in afrikaans during. Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. The reprint includes a reference to the law by which each amendment was madesee list of legislation and list of annotations in endnotes. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. Act not to exclude operation of certain state and territory laws 7. On the weekend it was reported that tasmania intends to legalise same sex marriage despite the commonwealth marriage act 1961 defining marriage as being between a.
Marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. Commonwealth marriage act means the marriage act 1961 cwlth. Be it enacted by the parliament of the republic of south africa, as follows. Take for example the limitation to a for life, remainder to bs eldest son for life, remainder to c in fee simple. Consul includes consulgeneral, viceconsul, proconsul and consular agent. Marriage act 1961 table of provisions long title part ipreliminary 1. Marriage act 1961 sect 11 marriageable age subject to section 12, a person is of marriageable age if the person has attained the age of 18 years. Marriage amendment bill 2004 parliament of australia.