Is customary marriage legal in Kenya?
Is customary marriage legal in Kenya?
The parties must freely consent to the registration of the marriage. Registration of Customary Marriage is only applicable to Kenyans who have conducted the customary rites.
What is married under customary law?
Customary marriages are recognised as valid marriages in terms of the Recognition of Customary Marriages Act 120 of 1998 (“the Act”). This means that the marriage must be entered into in line with the traditions and customs of the parties. The parties who are getting married must be 18 years or older.
What are the requirements of customary marriage?
Requirements for a valid customary marriage
- The prospective spouses must both be above the age of 18 years;
- They must both consent to be married to each other under customary law; and.
- The marriage must be negotiated and entered into or celebrated in accordance with customary law.
Is customary marriage automatically in community of property?
As a result, the Act now provides that the default matrimonial system for monogamous customary marriages is a marriage in community of property and of profit and loss, unless the parties enter into an antenuptial contract excluding community of property, profit and loss.
How do you nullify customary marriage?
“It says a customary marriage may only be dissolved by a court by decree of divorce on a ground of irretrievable breakdown of the marriage,” Xulu said. This meant customary marriages should be dissolved in the same way as civil marriages, despite there being no need to register the former with Home Affairs.
Can you marry two wives in Kenya?
In March 2014, Kenya’s Parliament passed a bill allowing men to marry multiple wives. Polygamy is common among traditional communities in Kenya, as well as among the country’s Muslim community. The Bill was made legislation on 1 May 2014.
Is an unregistered customary marriage valid?
In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.
What is a customary wife?
A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. A woman gives this beaded necklace to a man when she agrees to marry him. It’s a symbol of her love for him.
Do customary marriages have to be registered?
‘(1) The spouses of a customary marriage have a duty to ensure that their marriage is registered. (6) If a registering officer is not satisfied that a valid customary marriage was entered into by the spouses, he or she must refuse to register the marriage.
What is the difference between civil and customary marriage?
What is a Customary Marriage? There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
Can a customary marriage be out of community of property?
A customary marriage is deemed to be in community of property unless an antenuptial agreement is entered into before the marriage. According to the MPA, parties who wish to get married out of community of property must enter into an antenuptial contract prior to the civil marriage ceremony being concluded.
When can a customary marriage be dissolved?
Termination of a customary marriage Spouses have a duty to register the customary marriage at Home Affairs within three (3) months after the marriage has been concluded. Once the marriage is registered and valid, it can only be terminated by filing for a decree of divorce via court, same as that of a civil marriage.
What are the laws for customary marriage in Kenya?
Customary Marriages according to customs of communities of one or both parties Sec 43 where dowry required, payment of a token amount’s sufficient to prove marriage parties MUSTnotify Registrar within 3 months of completing steps required to complete marriage as per the community (Sec 44)
How much does it cost to get married in Kenya?
Due to the revised customary marriage laws implemented by the attorney general, married individuals have to pay certain fees to have their union registered with the state. The cost includes KSh 600 to notify the registrar of the marriage, then two thousand five hundred Kenyan shillings to record the union.
Are there any customary law courts in Kenya?
However, the various courts in Kenya have varying levels of jurisdiction in customary law. Under the Constitution, the High Court has original unlimited jurisdiction in all civil and criminal matters. Though not specifically stated, this jurisdiction includes customary law jurisdiction.
What does return of bride price mean in Kenya?
The return of bride price under customary law signifies divorce; however, much depends on whether the two parties had any kids during their union.