Types of Recognized Marriages and Unions
Civil Marriages
• Governed by the Marriage Act of 1961, these marriages are performed by a marriage officer at a Home Affairs office. They can be:
o In community of property (default, where assets and debts are shared equally).
o Out of community of property with the accrual system (assets are kept separate, but the appreciation in value is divided equally in case of divorce).
o Out of community of property without the accrual system (assets and liabilities are kept separate).
Civil Unions
• Governed by the Civil Union Act of 2006, these unions are available for both same-sex and opposite-sex couples. They offer the same rights and responsibilities as civil marriages and can also be in community of property, out of community of property with accrual, or out of community of property without accrual.
Customary Marriages
• Recognized under the Recognition of Customary Marriages Act of 1998, these marriages follow the customs and traditions of the parties involved. They can be monogamous or polygamous and are automatically considered in community of property unless otherwise specified in an antenuptial contract.
Recognition by Home Affairs for Visa Purposes
• Civil Marriages: Recognized for visa purposes, including spousal visas.
• Civil Unions: Also recognized for visa purposes, offering the same rights as civil marriages.
• Customary Marriages: Recognized for visa purposes if they are registered and meet the requirements of the Recognition of Customary Marriages Act.
Non-Recognized Relationships
Cohabitation
• Cohabitation, often referred to as common-law marriage or domestic partnership, is not recognized as a legal relationship by South African law. Therefore, it is not recognized by Home Affairs for visa purposes. Cohabiting couples can, however, enter into a cohabitation agreement to regulate their relationship and protect their rights, but this does not confer the same legal status as a recognized marriage or union
.
In summary, for visa purposes, the Department of Home Affairs in South Africa recognizes civil marriages, civil unions, and customary marriages, but does not recognize cohabitation or domestic partnerships.
In South Africa, various types of relationships are recognized, reflecting the country's diverse cultural and social landscape. For visa purposes, the Department of Home Affairs acknowledges specific types of relationships. Here's an overview:
Recognized relationships in South Africa:
1. Marriage: A legally recognized union between two individuals, including customary marriages, civil unions, and religious marriages.
2. Civil Union: A legal partnership between two people of the same or opposite sex, as per the Civil Union Act (2006).
3. Customary Marriage: A marriage according to indigenous customs and traditions.
4. Domestic Partnership: A committed relationship between two people, often cohabiting, but not formally married.
5. Life Partnership: Similar to a domestic partnership, emphasizing a long-term, committed relationship.
Relationships recognized by Home Affairs for visa purposes:
1. Marriage: Spousal visas are available for foreign spouses of South African citizens or residents.
2. Civil Union: Partners in a civil union are eligible for spousal visas.
3. Customary Marriage: Recognized for spousal visa applications.
4. Permanent Co-habitation: Unmarried partners, including same-sex couples, may apply for a life partner visa if they can prove cohabitation and a committed relationship.
In South Africa, Muslim Nikah marriages are currently not automatically recognized by the Department of Home Affairs unless they are registered under the Marriage Act or Civil Union Act. This means that while a Nikah may be valid under Islamic law, it must also be registered as a civil marriage for visa purposes. However, if the couple can demonstrate a genuine life partnership, they may still qualify for a life partner visa if the relationship is well-documented and long-term.
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