Wednesday 18 September 2019

Marriage practices in South Africa

The definition of marriage is one that is ever-changing and never stagnant, having different meanings and holding different representations to various people. The religious and those of faith would regard marriage as a holy covenant[1], while others regard it as a union of two people and others view it as a contract. Whichever description one may choose to associate marriage with, one common truth is that it has a rich history [2]with many customs, myths, and practices attached to it.

As with many cultures, married women were not afforded the chance to own property as she was under the marital power of her husband. This is however no longer the case within many cultures nor is it followed under the current law, this thus leaves a problem when it comes to modern marriages with no written prenuptial agreement as it will mean that both property and belongings are deemed to be in community of property. (Common law and customary marriages: how it affects your finances). This law[3] also extends to all registered customary marriages. This, however, exempts cases where both parties have signed a prenuptial agreement stating otherwise (Debbie Budlender, 2002).