Answers to your questions

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Topic: Customary marriage  |  Show questions and answers for all topics

What should I do to ensure that the lobola I paid for the mother of my child will go to the child if I lost the agreement letter?

You could draw up an affidavit that both you and the mother of your child should sign.

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Are we still married if my partner collected lobola after we separated?

The safest course is to assume that you are indeed married, and apply to Home Affairs for a marriage certificate, which you will need in order to get divorced.

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What should I do if I got married under civil law without legally divorcing my first wife that I married under customary law?

You need to legally divorce your first wife. You can then "re-marry" your current wife.

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Can I go alone to register our customary marriage 15 years after lobola was paid?

Yes, either spouse or both spouses can register the customary marriage at Home Affairs - but try to get your husband to come along.

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Who inherits the house of a man who was married to but separated from one woman and in a long-term partnership with another?

It may be that your mother and children and the separated wife and her children are both entitled to inherit.

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How can I leave a customary marriage if I lost the lobola negotiations letter and we didn't register the marriage at Home Affairs?

There are other ways that you can prove your marriage to get divorced.

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Can I get money from my husband who left me after four years married under Islamic law?

In Islam, it states clearly that the husband is responsible for providing for his wife and children financially. But you may need legal help.

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Can I remarry after separating from the woman for whom I paid lobola?

You can only remarry if you get divorced, or if she and the court agree to you taking a second wife.

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Can I change the terms of my marriage so that I can marry a second wife?

You cannot marry a second wife under customary law if you are already married to the first under civil law.

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Must the deceased's wives inherit the estate in equal shares if the first marriage is under civil law and the other is customary?

Not unless he wrote a will. You cannot remarry if you are still in a civil law marriage.

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