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Topic: Customary marriage | Show questions and answers for all topics
You need to establish if you were married under customary law despite not paying full lobola. If you were, your ex could claim half your estate.
The fact that the lobola was not paid in full before you split up, does not necessarily mean that you were not married. And if you were married under customary law, you may not marry under civil law.
You could draw up an affidavit that both you and the mother of your child should sign.
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.
You need to legally divorce your first wife. You can then "re-marry" your current wife.
Yes, either spouse or both spouses can register the customary marriage at Home Affairs - but try to get your husband to come along.
It may be that your mother and children and the separated wife and her children are both entitled to inherit.
There are other ways that you can prove your marriage to get divorced.
In Islam, it states clearly that the husband is responsible for providing for his wife and children financially. But you may need legal help.
You can only remarry if you get divorced, or if she and the court agree to you taking a second wife.