Answers to your questions

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

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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If a couple is separated but not divorced, can the husband remarry?

Not without the first wife and the court's permission

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My late husband married another woman without my knowledge and left his estate to her. What can I do?

Because you did not agree to the second marriage, it is void. You can contest the will.

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What are the rights of children born in a polygamous marriage?

If the first wife agreed to the second marriage, the second wife and her children have the same protection and rights.

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Can you marry someone under customary law if you are already married under civil law to someone else?

No, the law is very clear on this.

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