|
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. 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. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament. The Marriage Act is not the only law under which a marriage may be contracted. The Recognition of Customary Marriages Act, 1998 recognises marriages under African customary law as valid marriages, though they are not legally identical to marriages under the Marriage Act. The Civil Union Act, 2006 allows for ''inter alia'' same-sex marriages which are legally equivalent to marriages under the Marriage Act. Before 1961, the law of marriage in South Africa was based on the law of the four colonies that had been united in the Union of South Africa, and therefore differed between the provinces. The Marriage Act was enacted to consolidate the law and make it uniform across the country. The act has been amended several times since 1961, most notably in 1970 when banns of marriage were abolished. ==Marriage officers== A marriage may be performed only by a marriage officer. All magistrates and justices of the peace are automatically marriage officers. The Minister of Home Affairs (or an official authorised to act on behalf of the Minister) can appoint other civil service employees as marriage officers. In practice, many employees in local offices of the Department of Home Affairs are appointed as marriage officers. The Minister of Home Affairs can also appoint ministers of religion or other religious leaders as marriage officers. The text of the Marriage Act limits these appointments to Christian, Jewish or Muslim clergy or clergy of "an Indian religion". (Ministers of other religions can be appointed marriage officers under the Civil Union Act.) A religious marriage officer may refuse to perform a marriage that does not comply with his or her religion's doctrines. When a person who is not legally a marriage officer acts as one, under a good faith belief that he or she is one, the Minister of Home Affairs can retrospectively validate the marriages performed by him or her. Similarly, when a marriage is performed by a person who is not a marriage officer, but the spouses had a good faith belief that he or she was one, the Minister may retrospectively validate the marriage. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Marriage Act, 1961 (South Africa)」の詳細全文を読む スポンサード リンク
|