Lecture 2 Outcomes Flashcards
Identify some of the challenges of a pluralist matrimonial system as it is practiced in South Africa
1) The recognition of religious marriages and informal life partnerships is not
consistent, which can harm certain life partners.
2) Life partners who separate after ending their partnership do not receive the same protection as those who are recognized as spouses at the death of their partner. This uneven protection.
Give examples of projects which have been undertaken to harmonize existing marriage laws
Discuss the importance of terminology for the transformation of Family Law
Define a nuclear family?
1) Heterosexual Couple
2) Children
life partnership
A broad term indicating an intimate life partnership of 2 persons.
Includes persons who are formally married and persons who just live together without being formally married.
Same as union
civil marriage
Marriage concluded in terms of the Marriage Act
civil union
Union concluded in terms of the Civil Union Act.
customary marriage
Marriage concluded in terms of the Recognition of Customary
Marriages Act (RCMA).
religious marriage
Marriage concluded in terms of a system of religious personal
law such a Muslim and Hindu marriages.
domestic partnership
The same as a cohabitative intimate relationship.
Same as a domestic partnership.
Same as de facto union.
Same as informal union
polygamy
Marriage which allows more than one spouse at the same time.
polygyny
Allows a husband to be married to more than one wife at the
same time
polyandry
Allows a wife to be married to more than one husband at the
same time
matrimonial pluralism
The recognition of different systems or institutions of marriage
in the same national jurisdiction
(Such as in SA where civil
marriage, civil union and customary marriages are recognised
in terms of 3 different pieces of legislation).
