Important Legislation

Marriage Act, No 25 of 1961

This Act constitutes the responsibilities and obligations of a marriage officer and regulates the requirements and procedures for the solemnisation and registration of marriages. The Act does not deal with the dissolution of marriages which are governed by the Divorce Act, 1979 or with the financial consequences of marriages which are governed by the Matrimonial Property Act, 1984.

Civil Unions Act, No 17 of 2006

This Act regulates the solemnisation and registration of civil unions by way of marriage or a civil partnership between same-sex couples and provides the legal consequences of civil unions.

Recognition of Customary Marriages Act, No 120 of 1998

This Act makes provision for the recognition of customary marriages, specifies the requirements for a valid customary marriage and regulates the registration of customary marriages including the proprietary consequences, the capacity of spouses and dissolution of customary marriages.

Divorce Act, No 70 of 1979

This Act regulations the dissolution of marriages, safeguarding of interests of dependent and minor children as well as the division of assets and maintenance of the parties.

Children’s Act, No 38 of 2005

This Act governs all the laws relating to the care and protection of children and defines the responsibilities and rights of parents.

Child Justice Act, No 75 of 2008

This Act establishes a criminal justice system for children who are in conflict with the law and accused of committing criminal offences by amongst others creating, as a central feature of this new criminal system for children, the possibility of diverting matters involving children who have committed offences away from the criminal justice system.

Matrimonial Property Act, No 88 of 1984

This Act constitutes 3 different types of marriages being in community of property, out of community of property with the accrual system and out of community of property without the accrual system. The Act further regulates the obligations and powers of the spouses.

Maintenance Act, No 99 of 1998

This Act regulates the legal duty of any person to maintain any other person irrespective of the nature of the relationship between those persons giving rise to that duty and further constitutes Maintenance Courts, court officers and the enforcement of maintenance orders.


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