Civil Marriage Research Articles

Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death: Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020)

Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the possibility of an order for forfeiture of patrimonial benefits when a marriage dissolves after death under certain circumstances. It follows on the Supreme Court of Appeal decision in Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020). The respondent, the estranged first surviving spouse, and the deceased were married in terms of customary law in 2007. In 2008 the deceased left the matrimonial home. In 2009 the respondent entered into a civil marriage with another person. In 2010 the deceased also entered into a customary marriage with the appellant, the second surviving spouse. In 2012 the deceased died. Following his death, both the appellant and the respondent, as surviving spouses, were appointed co-executors of the deceased estate. The appellant sought an order directing the Master to withdraw the appointment as co-executor of the first surviving spouse on the ground that she had renounced her earlier customary marriage to the deceased when she entered into a civil marriage with another person. Alternatively, she sought an order in terms of section 9 of the Divorce Act that the first surviving spouse forfeit patrimonial benefits in favour of the deceased estate. The High Court, Polokwane granted the order. However, on appeal the full bench, Polokwane overturned the decision of the court a quo. The appellant took the decision of the full bench on appeal to the SCA. The SCA dismissed her appeal and upheld the decision of the full bench on the ground that a forfeiture order can be made only during divorce proceedings and it may be brought only by a party to the marriage and not by a third party. This note turns on this aspect of the decision. It will be argued that a forfeiture order should be available when a marriage is dissolved through death. It will also argue that a second spouse is a party to a customary marriageSection 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the possibility of an order for forfeiture of patrimonial benefits when a marriage dissolves after death under certain circumstances. It follows on the Supreme Court of Appeal decision in Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020). The respondent, the estranged first surviving spouse, and the deceased were married in terms of customary law in 2007. In 2008 the deceased left the matrimonial home. In 2009 the respondent entered into a civil marriage with another person. In 2010 the deceased also entered into a customary marriage with the appellant, the second surviving spouse. In 2012 the deceased died. Following his death, both the appellant and the respondent, as surviving spouses, were appointed co-executors of the deceased estate. The appellant sought an order directing the Master to withdraw the appointment as co-executor of the first surviving spouse on the ground that she had renounced her earlier customary marriage to the deceased when she entered into a civil marriage with another person. Alternatively, she sought an order in terms of section 9 of the Divorce Act that the first surviving spouse forfeit patrimonial benefits in favour of the deceased estate. The High Court, Polokwane granted the order. However, on appeal the full bench, Polokwane overturned the decision of the court a quo.

Towards an Afrikan Approach in Resolving the Conundrum Between a Civil and Customary Marriage

Since the dawn of colonialism, customary marriages have been considered inferior to civil marriages. The treatment of customary law as inferior, has racial connotations, as the colonists viewed Africans as barbaric. Since the Constitution of the Republic of South Africa, 1996 took effect, the Constitutional Court pledged a commitment to afford Afrikan jurisprudence an independent identity to prevent it from being viewed as inferior to the common law. Section 10 of the Recognition of Customary Marriages is problematic because it states that a customary marriage can be overridden by a civil marriage. The courts’ argument that customary law and common law enjoy equal status is not true when one considers how courts have relied on the common law in customary law disputes. South Africa needs a decolonised option because judicial pronouncements and legislation have reaffirmed the superior state of the common law, as introduced by the colonists. Developments in the wake of the death of king Zwelithini, who was in a polygynous marriage, have implications for the debate whether a customary marriage concluded after a civil ceremony is valid, or whether a civil marriage and a customary marriage could co-exist. A solution is needed for this conundrum, because declaring customary marriages invalid is not beneficial to women married under this system.

Lebanese Women at the Crossroads: Caught between Sect and Nation

Lebanese Women at the Crossroads: Caught between Sect and Nation

Mandatory civil marriage according to Swiss law: Superfluous historical remnant or building block in the fight against forced re-ligious marriages?

Mandatory civil marriage according to Swiss law: Superfluous historical remnant or building block in the fight against forced re-ligious marriages?

James Obergefell Honored at John Fryer Anniversary Event

James Obergefell Honored at John Fryer Anniversary Event

Secular or Sacred? The Ambiguity of ‘Civil’ Marriage in the Marriage Act 1836

ABSTRACT The Marriage Act 1836 is usually described as introducing ‘civil marriage’ in England and Wales. Yet scholars are divided as to whether ‘civil’ only denotes a marriage in a register office or can also include those in registered places of worship. This reflects the fundamental ambiguity of the 1836 Act. This article will show how that ambiguity had its roots in the claims that marriage was a ‘civil contract’, advanced by Dissenters as part of their campaign for reform, with such claims being made in support of very different potential reforms. It explains how the 1836 Act sought to accommodate these different demands by saying nothing about the nature of marriages celebrated in register offices or registered places of worship, and how – at least in the first twenty years of the Act’s operation – couples had a choice as to how secular, or how sacred, these different forms might be.

Romance and the Male Secular Body: The Case of Algerian Men in France and Québec

AbstractThis article argues that state and cultural expectations for romance at the time of civil marriage in contemporary France and Québec serve as proxies for liberal sexual values laden in the “secular body.” To date, secularism studies scholars have primarily conceptualized gender in relation to how political-legal regimes aim to render religious and racialized women’s bodies “secular.” The omission of cis-gender men in this corpus parallels many states’ foci on women’s conspicuous religious signs and their sexual emancipation. I read the performative expectations for romance in civil marriage within state logics and consumer culture as revelatory of liberal values of free choice, sexual intimacy, and the legibility of secular bodies, which reverberate differently for men. Drawing on ethnographic data among cis-gender heterosexual and racialized men of Algerian origin in France and Québec, I argue that my interlocutors’ experiences reveal prescriptive and exclusionary gendered sexual-secular sensibilities that belie their emancipatory promises.

Differences between rural and urban marriage seasonality from the early 19th to the early 20th centuries in Northern Belgium

This paper examines the impact of secularization on marriage seasonality in two Flemish provinces and Brussels, using place of marriage to distinguish between rural and urban areas. The evolution of the level of church control and secularization between the early 19th and the early 20th centuries is measured through a daily Lent and Advent (DLA) marriage index. A low index value points to a higher level of church control and a lower level of secularization, while a high index value points to a lower level of church control and a higher level of secularization. Sub-samples of civil marriage registers are analysed. DLA-index values are low in the early 19th century but increase slowly throughout the rest of the 19th century albeit with geographical variations. Spatial differences can be explained through different socio-economic and cultural characteristics of the population. Still, similar underlying factors across locations are identified: changes are consistently affected in cities, and driven by non-native brides, skilled and unskilled, but only partially observing for elites. Religious rule of Advent is more moderate than the one for Lent, where less Lent effects are observed.

Exclusive Breast Feeding: Infant Feeding Pattern and Practices among Mothers in Santa Fe, Romblon

If the following characteristics of respondents are taken into consideration: age, number of living children, marital status, income level, employment level, educational background, current feeding practices, and level of knowledge about the importance of EBF, it is hypothesized that these characteristics will have an impact on feeding among infants aged 0 to 6 months. A descriptive research employing a normative survey was conducted with a study population of 102 mothers from the Municipality of Santa Fe in the province of Romblon, after informed permission had been obtained. The following is the outcome: moms between the ages of 21 and 25 are the most prevalent, accounting for 39 percent of all respondents who use EBF. With more children in their household, the percentage of respondents who practice EBF increases. Additionally, 55 percent of respondents said that they are living with a partner, either married through a church wedding, civil marriage or in the state of cohabitation. Lower-income mothers (45 percent) practice EBF more frequently than mothers from other income classes. Mothers without a job are more likely to practice EBF (51 percent), while elementary graduate mothers are more likely to practice exclusive breastfeeding (63 percent). Forty-four (44) mothers out of one hundred and two (102) respondents are practicing exclusive breastfeeding, and at least 63 percent have revealed little knowledge about the importance of exclusive breastfeeding.

Passive exposure to cigarette smoke of pregnants and the effect of passive exposure from cigarette smoke on newborn body sizes: A hospital focused cross-sectional study

Our aim is to examine the risk factors affecting the exposure of pregnant women to secondhand smoke. Sociodemographic, biodemographic, socioeconomic characteristics and newborn body measurements of pregnant women affected by cigarette smoke between January and November 2021 were evaluated. A study was conducted with 717 women in a second-level state hospital. Passive exposure to cigarette smoke; Compared to those with civil marriage, 1.519 (CI: 1.091-9499) times for those without a civil marriage, 4.625 (CI: 3.328-6.427) times for those who do not smoke a partner, 1.519 times for those with extended families compared to those with a nuclear family with income family type (CI: 1.091-2.114 ) times, it is 3.781 (CI: 1.960-7.292) times more for men who do not want pregnancy than for those who do not want to be pregnant. Health policies should not only inform the mother but also inform the whole society.

Termination of Muslim marriages in the South African legal context: Understanding the challenges

Muslim marriages are not recognised in South Africa and therefore divorces are not regulated by the courts. There are multiple methods of terminating a Muslim marriage; this is not the position with civil marriages in South Africa which are terminated through the divorce proceedings set out in the Divorce Act 70 of 1979. Due to the non-regulation of Muslim marriages, many abuses occur when parties terminate their marriages. With regard to the implementation of Sharī`ah in South Africa, much has been written about the recognition of Muslim Personal Law (MPL). There is a need for research which goes beyond identifying individual challenges and which aims to achieve a more holistic analysis, exploring the root causes of the abuses that could arises in the event that a Muslim marriage is terminated. The purpose of this enquiry therefore is to examine these possible systemic causes and to suggest proposed solutions. This contribution commences with a review of the laws, procedures and institutions regulating the termination of Muslim marriages in South Africa. Challenges with regard to such terminations are then explored and analysed. In conclusion, some remarks are made in respect of addressing the challenges holistically.

Особенности добрачного поведения молодежи: опыт эмпирического исследования

Introduction. The article presents analysis of the results of a sociological study, the purpose of which was to identify the attitude of young people on the phenomenon of premarital behavior. The data obtained show the optimal age for the beginning of premarital and marital relations, the motives for joining them, and in general the attitude towards cohabitation. Methods and results of the study. 300 people (133 young men and 167 young women) were interviewed by questionnaire survey conducted in Tambov in October 2021. The sample was formed by random, non-repetitive method. Age of the respondents covered the range of 18-30 years. The findings suggest importance of premarital relationships as important characteristics of family formation and development. Keywords premarital behavior; cohabitation; family; marriage; civil marriage; family-marriage relations; premarital period; potential partners; spouses; youth.

Customary Gidar Marriage and Christian Tradition

In Cameroon we are dealing with three types of marriage: traditional, universally practiced marriage; civil marriage, required by state law before entering into a religious marriage; and, finally, sacramental marriage. Most widespread is the traditional form of contracting marriage. This article will present this particular form, referring to Gidar traditions and also showing its similarities to, and differences from, the Christian tradition brought by the missionaries. It will also propose solutions which combine the two traditions.
 A characteristic feature of marriage rites was their multi-stage nature. They were not single acts but events long prepared and celebrated with suitable gestures, symbols, words, and events. The individual, successive stages of “taking a wife” consisted of the choice of a spouse, accepted by both families; an engagement period; an act by both families of acknowledgement of the joining of the young persons as one in marriage; the conveying of the bride to her husband’s home; celebrating; and paying the matrimonial fee.
 The Church in northern Cameroon recognized traditional marriages contracted outside of baptism as valid and licit, provided that local principles, e.g., payment of a marriage fee, were taken into account. If either of the parties accepted baptism, the marriage became for him or her sacramental.
 If the other party also made the same decision later on, their union took on a sacramental character, without a need to renew the marriage vows. Controversy would however arise if attempts were made to contract a traditional marriage if one party was [already] baptized, or if both parties were baptized. These controversies mainly concerned the unity, indissolubility, and sacramentality of marriage.

Obergefell, Masterpiece Cakeshop, Fulton, and public–private partnerships: Unleashing v. harnessing “Armies of Compassion” 2.0?

AbstractFulton v. City of Philadelphia presented a by‐now familiar constitutional claim: recognizing civil marriage equality—the right of persons to marry regardless of gender—inevitably and sharply conflicts with the religious liberty of persons and religious institutions who sincerely believe that marriage is the union of one man and one woman. While the Supreme Court's 9‐0 unanimous judgment in favor of Catholic Social Services (CSS) surprised Court‐watchers, Chief Justice Roberts's opinion did not signal consensus on the Court over how best to resolve the evident conflicts raised by the contract between CSS and the City of Philadelphia. This article argues that it is productive and illuminating to compare such conflicts over public–private partnerships and the best understanding of pluralism in a constitutional democracy with controversies arising 20 years ago over the faith‐based initiative launched by President George W. Bush with the blueprint, Rallying the Armies of Compassion. That initiative also rested on premises about the place of religion in the public square and the role of civil society in carrying out governmental purposes. In both contexts, concerns over “discrimination” took two forms: first, that religious entities who contract with government might be subject to governmental discrimination in not receiving funding and, second, that religious entities who contract with government might themselves engage in discrimination. This article evaluates how the parties and their amici in Fulton argued over these forms of discrimination. It highlights how, in doing so, they enlisted or rejected analogies between race and sexual orientation discrimination—and between objections to interracial marriage and same‐sex marriage—that were powerful, pervasive, and contested in Obergefell v. Hodges and Masterpiece Cakeshop v. Colorado Civil Rights Commission but scarcely featured in Roberts' Fulton opinion.

LEGALITAS HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA

Marriage law in Indonesia is based on religious norms as outlined in Article 2 paragraph (1). On the other hand, religion in Indonesia is plural in nature, to bring together two people with different beliefs to love each other cannot be avoided, besides that there is a religion that allows interfaith marriage and from the perspective of Human Rights (HAM) it is also prohibited to prohibit humans from forming a family. . Seeing the fact that there is an increasing number of different marriage partners both domestically and abroad. This writing aims to examine how the strength of marriage law in Indonesia. This research is a normative legal research through a qualitative approach which is carried out by first examining written laws and regulations established by state institutions or authorized and generally binding officials. The specification of this research is analytical prescriptive. The data collection technique used in this research is library research and the analysis used is normative qualitative analysis. The results of research on interfaith marriages against Muslims both domestically and abroad do not have legal legality, because there is no term civil marriage as adopted by Protestant Christianity.

Centrality of Religiosity and Dyadic Coping in Close Romantic Relationships: Actor Partner Interdependence Model

Some studies suggest that religious people cope better with stress. For married couples, if partners perceive their relationship as sacred, supportive dyadic coping mediates the association of sanctification with marital satisfaction and well-being. In the current study, applying the actor–partner interdependence model to 116 Polish couples (n = 232), aged between 21 and 64 (males: M = 37.8, SD = 11.8; females M = 37.1, SD = 12.0), we examined the link between centrality of religiosity and dyadic coping. Although general dyadic analyses indicate that centrality of religiosity and dyadic coping are unrelated concepts, at the subscales level, we could observe few significant relationships. The results show that Polish religious men rate their common dyadic coping low. Actor effects in women are moderated by the type of relationship (cohabitation and civil marriage vs. catholic marriage).

Features of sexual behaviour of young people that determine the increase in the incidence of sexually transmitted infections (sti) in the Republic of Tajikistan

Aim. To identify the features of the sexual behavior of young people that cause the spread of sexually transmitted infections.Material and methods. A questionnaire was developed and a survey was conducted among 500 men and women that belong to various social groups of the population. The age of participants was 18 - 30 years and they were coming from 4 districts of republican subordination. The survey was based on a typical sample of the mentioned age group. Collected data were statistically processed using MS OFFICE 2007 packages.Results and discussion. It was found that the awareness of respondents about sexually transmitted infections and measures for their prevention remains at a very low level. More than 21.0% of respondents have active sexual life, and at least one in five does not associate this with the possible realization of the risk of contracting STIs / HIV / AIDS. About 17.0% of young people believe that if they become infected with these diseases, they will seek medical help only from their friends, physicians that they are familiar with, and paramedics.Conclusion. It is known for a fact that virtually all models of sexual behavior and all types of sexual relationships are present among young people today. However, in Tajikistan, there are certain features of the sexual behavior of young people (polygamy and civil marriage). A low level of knowledge and the need to raise awareness among adolescents and young people about the negative consequences of risky sexual behavior have been established.

Legal Literacy for Muslim Converts in Malaysia

Many Muslim converts in Malaysia are not well-informed of their rights and the legal implications of conversion to Islam. Implementing legal pluralism, particularly the different sets of personal laws that apply to Muslims and non-Muslims, sends the converts, their non-Muslim families, and the religious authorities into bitter legal battles whenever an individual converts to Islam. Furthermore, as religious institutions currently offer no legal literacy program, some Muslim converts are unclear regarding the course of action they should take whenever legal issues are involved, especially from the aspects of identity change; civil marriage dissolution; matrimonial properties distribution; child custody and guardianship; determination of child’s and the deceased’s religion; and inheritance and derivative pension distribution. Therefore, this research explores Muslim converts’ perspectives on the need for and development of legal literacy regarding rights and legal implications of conversion to Islam. This study employed in-depth semi-structured interviews with 9 participants who were all Muslim converts. Each interview was transcribed verbatim, and the data were analysed with NVIVO software based on a thematic approach. The research found that all participants unanimously agreed to empower Muslim converts with legal literacy, considering many are not well-informed of the legal implications of conversion to Islam, despite it directly affecting their personal lives, family dynamic, and the multicultural society in Malaysia.

HINDOE-EGGENOTE, WEET JY WAT JOU REGSPOSISIE IN DIE SUID-AFRIKAANSE REG IS?

This article investigates the legal position of a Hindu wife married in terms of Hindu rites. In general, her marriage is not recognised as a valid marriage because it does not comply with the requirements set out in the Marriage Act 25 of 1961. Although the Durban and Coast Local Division of the High Court recently held that she is a "spouse" in terms of the Intestate Succession Act 81 of 1987, her legal position is far from certain. In Singh v Rampersad 2007 3 SA 445 (D) the court held that a monogamous marriage in terms of Hindu rites is not a valid marriage in terms of South African law. The non-recognition of her marriage has certain consequences, especially when a Hindu wife wants to dissolve her "marriage" or one of the "spouses" dies. In this contribution the differences between a Hindu marriage and a civil marriage are pointed out, including the possible consequences if parties want to conclude a marriage in terms of Hindu rites only.

POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID

The consequences of declaring a civil marriage entered into during the existence of a customary marriage or vice versa void could have nowhere been fully canvassed. On the face of it, it merely calls for a declaration of invalidity of the existing marriage, but it raises various ancillary issues which have not been addressed. We do not discuss the judgments declaring marriages void, but focus on the consequences of such judgments. For a variety of reasons it is important to determine whether a civil marriage, concluded subsequent to a customary marriage, is valid or ab initio void, or vice versa. To mention but one reason: “Where immovable property, a real right in immovable property, a bond or a notarial bond – (d) is registered in the name of a person who on the date of the registrationwas a party to a marriage governed by the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts,endorse the change in status or make a note of the effect that the said person is a party to a marriage in community of property, as the case may be” (S 17(4) of the Deeds Registries Act 47 of 1937). When a marriage is void, no consequences flow from it, except in so far as it may be deemed to be a putative marriage. Lawyers, officials and the public at large still do not seem to realize that interms of sections 2(1) and (2) of the Recognition of Customary Marriage Act (120 of 1998) customary marriages entered into before and after commencement of the Act are for all purposes recognized as marriages. The case of Netshituka v Netshituka (426/10 [2011] ZACSA 120 dated 2011-07-20) has now given clear direction as to the validity or non-validity of civil marriages concluded after the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. Also in Thembisile v Thembisile (2002 (2) SA 209 (T) par 32) Bertelsmann J held that a civil marriage contracted while the man was a partner in an existing customary marriage with another woman was void. The position of the validity of civil marriages, entered into prior to and after the said Amendment Act, will now be discussed.