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Topic: Customary marriage |
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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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How can my second wife change her surname to mine?
You'll need to register your customary marriage
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In customary marriage can a woman who still uses her maiden name be forced to change her children's surname to their father's surname?
Women in customary marriages have the same rights as women in civil marriages.
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