Answers to your questions

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

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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My uncle took everything when my dad died because my parents were in a customary marriage. Is that right?

It was until 2004 when the laws changed to allow women in customary marriages to inherit.

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Can I take a second wife is the first was a civil marriage?

No, if you have a civil marriage, you are only allowed to have one marriage at a time.

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My late father's first wife wants to claim his estate. His second wife and I need help.

If he died without a will, the Intestate Succession Act applies. You may need legal help.

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