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Formula for solemnisation of marriage or civil partnership Formula for solemnisation of marriage or civil partnership

Bronze medal Reporter Josily Posted 29 Jun 2019 Read More News and Blogs
Formula for solemnisation of marriage or civil partnership

 

Civil Union Act, 2006

Act

To provide for the solemnisation of civil unions, by way of either a marriage or civil partnership; the legal conqequences of civil unions; and to provide for matters incidental thereto.

Formula for solemnisation of marriage or civil partnership

11.(1) A marriage officer must inquire from the parties appearing before him or her whether their civil union should be known as a marriage or a civil partnership and must thereupon proceed by solemnising the civil union in accordance with the provisions of this section.

(2)In solemnising any civil union. the marriage officer must put the following  questions to each of the parties separately. and each of the parties must reply thereto in the atlirmative:

“Do you, A.B.? declare that as far as you know there is no lawful impediment to your proposed marriage/civil partnership with C.D. here present. and that you call all here present to witness that you take C.D. as your lawful spouse/civil partner‘?” and thereupon the parties must give each other the right hand and the marriage officer concerned must declare the marriage or civil partnership, as the case may be, solemnised in the following words:

“I declare that A.B. and C.D. here present have been lawfully joined in a marriage or civil partnership.”.

(3)If the provisions of this section relating to the questions to be put to each of the parties separately or to the declaration whereby the marriage or civil partnership shall be declared to be solemnised. or to the requirement that the parties must give each other the right hand. have not been strictly complied with owing to-

  1. an error, omission.,or oversight committed in good faith by the marriage  officer:
  2. an error. omission or oversight committed in good faith by the parties; or  
  3. the physical disability of one or both of the parties.

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and such civil union has in every other respect been solemnised in accordance with the provisions of this Act. that civil union shall. provided there was no other lawful impediment thereto. be valid and binding.

Legal consequences of civil union

13. (1) The legal consequences of a marriage contemplated in the Marriage Act apply, with such changes as may be required by the context to a civil union.

(2)With the exception of the Marriage Act and the Customary Marriage Act. any reference to-

  1. marriage in any other law, including the common law, includes with such changes as may be required by the context, a civil union; and
  2. husband, wife or spouse in any other law, including the common law, includes a civil union partner.

Click on the image to read more about IS COHABITATION RELATIONSHIP LEGAL IN SOUTH AFRICA?

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