Financial whizz


Posted by: | 2013/09/23 11:53

What is the procedure for dissolving a customary marriage?

My husband paid lobola and we did not sign at Home affairs, if I want to get a divorce; do I need to go to the courts? I have a bond which I took before the lobola and still pay for it, how is the divorce going to affect the payment of the bond and who can live in the house?

expert answer

Posted by: Sorè Cloete | 2013/09/23 14:19

Thank you for your question.  Unfortunately I am no expert on customary marriages and will only be able to provide you with the general principles.  A customary marriage must be registered as a valid customary marriage to have the same consequences of a civil marriage in South Africa.   Civil marriages are dissolved in terms of the Divorce Act and such termination is based on the particular marital regime.   It seems that your marriage was not registered which means that the Divorce Act may not apply to your relationship.   Your custom may determine how the dissolution of your marriage will be dealt with.  You are advised to seek the advice of an expert on customary law to assist you with your question.

              Good luck.

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