South Africans have been asked to comment on the new Marriage Bill. The Minister of Home Affairs hopes that it will go through the legislative processes by the end of the year.
So what do you need to know?
Present marriage laws
At the moment weddings are conducted under three laws: the Marriage Act (1961), Recognition of Customary Marriages Act or the Civil Union Act. The new Bill seeks to combine and improve on the existing laws.
Marriages conducted under the present laws will continue to be recognised.
Purpose of the new Marriage Bill
Our Constitution provides that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
These principles strongly influenced the proposed new Bill.
Age of spouses
Anyone entering into marriage must, under the new Marriage Act, be 18 years old or older. In the past a spouse could be younger if they presented written consent of the parents.
Each spouse must give consent to the marriage and must be of sound mind at the time.
Requirements of polygamous marriages
Should a man who is already married wish to enter into a further marriage, similar requirements apply: both spouses must be 18 years old or older, give consent and be of sound mind. However, the husband must also gain the consent of the first wife/wives. He must also apply to the court to approve a written contract covering an equitable distribution of property. Both the existing spouses and the prospective spouse must be involved in these proceedings.
According to the White Paper on this Bill, the committee discussed the possibility of recognising polyandrous marriages. (This is where a woman takes more than one husband.) However the public response was hugely negative. It was decided that polyandry is not practised widely enough to warrant being included as an option under the new Marriage Bill. It will be interesting to see if this is challenged if the Bill is passed in its present form.
Legal status of all spouses under the new Marriage Bill
At present, not all marriages are recognised in South African law. This includes Muslim, Hindu, Rastafarian, Khoi and San marriages. The new Marriage Bill aims to rectify that.
Appointment of marriage officers
At present designated employees at the Department of Home Affairs (DHA) may conduct marriages. According to the new Bill, DHA may also designate any person holding a responsible position in any religious denomination, traditional council or secular organisation to be a marriage officer for the purposes of solemnising marriages. The Bill states that a marriage officer (MO) must be a South African citizen. The SA Secular Society challenged this when the Bill was published for public comment. MOs must also undergo the required training and pass a DHA exam.
Solemnisation and registration of marriages
A marriage officer may solemnise a marriage in any place in South Africa, at any time, on any day. The draft of the Marriage Bill does not state any specific wording. Public submissions have asked for clarity on that.
Both spouses must be present at the solemnisation, along with two witnesses.
The marriage officer must enter the details into the prescribed register. The spouses, their witnesses and the marriage officer must sign the register. The MO must submit the paperwork to the DHA.
Further stipulations of the new Marriage Bill
There are further sections in the draft Bill that refer to the legal status of spouses, matrimonial property systems and dissolutions of marriages. Once again the emphasis is on the protection of the rights of all parties.
Wordways Ceremonies conducts a variety of ceremonies, including weddings and renewal of vows ceremonies. Contact Vanessa now to discuss your needs.
To read other articles on weddings click here.