I have tasted getting paid on the 15th, I have tasted getting paid on the 25th and I have tasted getting paid on the 31st. I highly recommend the 25th 🙂↔️.
REGISTRATION OF A CUSTOMARY MARRIAGE
Know Your Rights — And Let Donda Attorneys Inc Guide You Through the Process
WHAT IS A CUSTOMARY MARRIAGE?
A customary marriage is a marriage concluded in accordance with indigenous African customary law. In South Africa, customary marriages are fully recognised and regulated by the Recognition of Customary Marriages Act 120 of 1998 (the RCMA). These marriages carry the same legal weight as civil marriages and give rise to the same rights and obligations between spouses — including in respect of property, maintenance, inheritance, and parental responsibilities.
REQUIREMENTS FOR A VALID CUSTOMARY MARRIAGE
For a customary marriage to be legally valid under the RCMA, the following requirements must be met:
• Age: Both parties must be 18 years or older. Persons under 18 require the consent of a parent or guardian and the approval of the Minister of Home Affairs.
• Consent: Both parties must consent to the marriage.
• Negotiation and celebration: The marriage must be negotiated and entered into or celebrated in accordance with customary law. This typically includes the lobolo (bride price) negotiation and formal handing over of the bride.
• Capacity: Neither party may be related to the other within a prohibited degree of relationship under customary law.
THE DUTY TO REGISTER
Section 4 of the RCMA imposes a duty on spouses to register their customary marriage. Registration must occur within three months of the marriage being concluded. Both spouses, or one spouse with the written consent of the other, must apply for registration at the office of the Department of Home Affairs. Although failure to register does not invalidate the marriage, registration provides official documentary proof — which is critical for property transactions, estate administration, pension claims, and legal proceedings.
DOCUMENTS REQUIRED FOR REGISTRATION
• Completed DHA-5 application form (available from Home Affairs)
• Identity documents of both spouses
• Two witnesses and their identity documents
• Lobolo letter or customary agreement confirming the marriage was concluded
• In polygynous marriages: an accrual system or contract regulated by the Matrimonial Property Act must be entered into prior to the additional marriage, and a court order is required
MATRIMONIAL PROPERTY IN CUSTOMARY MARRIAGES
The default matrimonial property regime in a customary marriage is community of property, unless an antenuptial contract (ANC) is concluded before the marriage. Spouses in a customary marriage may also agree to be married out of community of property with or without accrual. It is essential to understand the property consequences before the marriage is concluded, as changing the regime afterwards requires a High Court application.
In the case of polygynous marriages, each house (indlu) has a separate estate, and the RCMA requires that the property rights of all existing wives are protected before a subsequent marriage can be registered.
HOW DONDA ATTORNEYS INC. ASSISTS YOU
Donda Attorneys Inc. has a dedicated family law practice with deep expertise in customary marriages across KwaZulu-Natal and Mpumalanga. We assist clients at every stage:
• Pre-marriage advice: We advise on the legal requirements, lobolo documentation, and the matrimonial property consequences before the marriage is concluded.
• Antenuptial contracts: We draft and register ANCs where spouses wish to be married out of community of property, ensuring the contract is properly attested before a notary and registered at the Deeds Office.
• Registration assistance: We guide clients through the Home Affairs registration process, ensure all documents are in order, and resolve delays or complications with the DHA.
• Late registration: Where a marriage has not been registered within the three-month period, we assist with condonation and late registration applications.
Along the way somebody was gracious enough to take a chance on you because you had the right attitude even if you didn't have the skills to match. It's only right you extend the same grace to someone else.
I’d like to take this moment to appreciate all my dudes who are fighting battles to keep everything together.
Society doesn’t reward you for your efforts because “we don’t applaud fish for swimming”.
Keep fighting a good fight and taking care of your loved ones.