Hi. Need some advice. Is a Hindu customary marriage legally recgionised as a civil marriage? Even if the presiding priest is a marriage officer? Also. If it is not regcionised do youneed a anc contract before the marriage?
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Hindu marriages
- Thread starter Wall
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most religous marriages not recognised, but f your priest is a marriage officer why doesnt he get you married (in law)- just remember to do the A n C before marriage
http://www.deneysreitz.co.za/index.php/tools/print/marriageand_property_rights_in_south_africa/news
http://www.deneysreitz.co.za/index.php/tools/print/marriageand_property_rights_in_south_africa/news
1. Grammar Nazi:
Hi. Need some advice. Is a Hindu customary marriage legally recognised as a civil marriage? Even if the presiding priest is a marriage officer? Also, if it is not recognised do you need an ANC before the marriage?
ANC stands for Ante-Nuptial Contract, so saying ANC Contract is tautology.
2. Answer:
No. No customary/religious marriage or ceremony (except African) will be viewed as a legal civil union until the legal requirements for a marriage have been met and the legal aspects of the ceremony have been executed and the marriage has been officially registered as such with Home affairs.
3. ANC:
An ANC is not a requirement for marriage. An ANC is a contract drawn up between two persons who have chosen to use that particular set of rules for their own protection and other purposes. You can draw up an ANC without actually getting legally married and you can abide by it if you happen to split, but it will not be an issue for the courts unless you take each other to civil court over a possession or monetary dispute. Then the contract will be viewed as any other contract.
If you have a Civil union without an ANC, you are regarded as being married in community of property. Just remember that, if you have lived together in a relationship for (i think) 4 years, the courts may treat you as if you were married in a Civil union.
Hi. Need some advice. Is a Hindu customary marriage legally recognised as a civil marriage? Even if the presiding priest is a marriage officer? Also, if it is not recognised do you need an ANC before the marriage?
ANC stands for Ante-Nuptial Contract, so saying ANC Contract is tautology.
2. Answer:
No. No customary/religious marriage or ceremony (except African) will be viewed as a legal civil union until the legal requirements for a marriage have been met and the legal aspects of the ceremony have been executed and the marriage has been officially registered as such with Home affairs.
3. ANC:
An ANC is not a requirement for marriage. An ANC is a contract drawn up between two persons who have chosen to use that particular set of rules for their own protection and other purposes. You can draw up an ANC without actually getting legally married and you can abide by it if you happen to split, but it will not be an issue for the courts unless you take each other to civil court over a possession or monetary dispute. Then the contract will be viewed as any other contract.
If you have a Civil union without an ANC, you are regarded as being married in community of property. Just remember that, if you have lived together in a relationship for (i think) 4 years, the courts may treat you as if you were married in a Civil union.
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blunomore
Honorary Master
Legal Nazi:
No, you 're not regarded by law as married in any way, even if you live together for 3595683096809860948703987 years!!!!
You are either legally married - or not.
I must have said this a million times on this forum now.
I got married in Mosque. Imam is also a marriage officer, but he forgot to tear out the marriage certificate and give it to me and he's been too busy to go register it at Home Affairs so according to DHA i'm still
single http://www.dha.gov.za/marital_status.asp
single http://www.dha.gov.za/marital_status.asp
I know a couple who lived together for 7 years and then split up. They had joint accounts, joint budget, had bought the house together, furnishings, living expenses etc. When they split up there was a big fight, of course, and it ended up in court, because he had a job and a salary and she was a housewife who would be left with very little.
The judge told them that having lived together for 4 years or more, he regards them as essentially married in community of property and split the estate 50-50.
I also heard this from the lawyer who drew up my ANC before my wedding...
Mila
Honorary Master
Has nothing to do with been married though. There is no law like "common law" in SA.
The fight was ugly and it was for the judge to decide. Who bought what and who gave who what.
I'm sure he could have contested it though. Blu?
Or is this a case of a judge deciding between to bickering children?
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Mike Hoxbig
Honorary Master
How did they do all that on a joint budget with her being a housewife?
Umm, I pretty sure the majority of our laws are based on common law. Common Law does exist in SA.
Mike Hoxbig
Honorary Master
Say what?
She changed jobs after they moved in together to something that was much less hours, with a pretty low salary. She didn't study or get any qualifications so when they split she would have struggled to survive.
What I was trying to explain was that their salaries went into a common account. They had shared finances. She did all the housework and cooking and shopping etc which, last time I checked, doesn't earn you a salary from your partner.
The judge cited the 4-year rule in his ruling. And why would my ANC lawyer tell us about the 4-year rule too if it wasn't real?
Mike Hoxbig
Honorary Master
I'm not arguing the merits of staying at home versus working, was just curious as to how it was possible for her to have had that amount of money
Mila
Honorary Master
A Common law Wife or partner. ( thought it obvious since we are talking marriges)
A judge telling you, you will be treated as if you were married has nothing to do with beeing married.Say what?
You were not "married" you are just bickering like two idiots...
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blunomore
Honorary Master
Having a joint account / budget simply means you share everything. It does not mean you had to contribute to it in a financial manner.
Yes, we have common law in SA. We do NOT however, have common law marriages.
The judge and your lawyer were both talking out of their asses and they need to go back to university.
I imagine you misunderstood the judge. If you live with someone, and the relationship ends, you have a claim for that which you contributed financially to the household IF you can prove it. It is called a universal partnership. It is NOT a marriage and if it ends, you can for example NOT claim alimony from your ex-partner.
I just do not like people being misinformed about their rights
Mila
Honorary Master
http://www.roylaw.co.za/home/article/domesticpartnership/pageid/living-together
There is sometimes referred to Common Law Relationships as Domestic Relationships.
There is sometimes referred to Common Law Relationships as Domestic Relationships.
Mila
Honorary Master
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=9907616
IF I remember Correctly in Volks v Robinson the Constitutional Court said that there was no support for heterosexual life partners under the Maintenance of Surviving Spouses Act.
http://www.saflii.org/za/cases/ZACC/2005/2.html
IF I remember Correctly in Volks v Robinson the Constitutional Court said that there was no support for heterosexual life partners under the Maintenance of Surviving Spouses Act.
http://www.saflii.org/za/cases/ZACC/2005/2.html
Yeah, the Domestic Partnership Act of 2008. People who have been living together in a domestic partnership means you have some of the legal rights of marriage without being considered married. That's what I meant when I said the judge treated them as if they were married.
blunomore
Honorary Master
Both homosexual and heterosexual folks currently have the option of getting married. If they choose not to, they unfortunately have to accept the legal consequences of not being in a marriage.
blunomore
Honorary Master
This is still a bill, Ani and not an Act. It has not yet been promulgated. Therefore: no marrige = limited legal rights.