How To Register Customary Marriage

27 Mar, 2021

If the registering officer is satisfied that a valid customary marriage has come into existence the customary marriage will be registered and the parties will be provided with a registration certificate. To register a customary marriage a couple must go to an office of the Department of Home Affairs.

Customary Marriage Not Compulsory Graphic Online

Even if the marriage is not registered you have to seek divorce by filing a divorce petition before the family court.

How to register customary marriage. Your friend can file for divorce on. The spouses are obliged to register the marriage with the Department of Home Affairs within three months. The following people should present themselves at either a Home Affairs office or a traditional leader in order to register a customary marriage.

How do you divorce a customary marriage. The Act imposes a duty on spouses in a customary marriage to register the marriage with 3 months after the marriage as proof of the marriage at Home Affairs. At least one witness for each of the partners or a representative from each of the families must also be present.

4 a A registering officer must if satisfied that the spouses concluded a valid customary marriage register the marriage by recording the identity of the spouses the date of the marriage any lobolo agreed to and any other particulars prescribed. The two spouses with copies of their valid identity books and a lobola agreement if available at least one witness from. Or A representative of each of the families.

The physical presence of. One witness from the brides family. To register a customary marriage the couple needs to take the following to Home Affairs.

Anyone wishing to register a customary marriage must complete two application forms. It is necessary to check whether the husband has mentioned the name of the lady as his wife. He then issues spouses a certificate of registration bearing the prescribed particulars.

The Registrar then issues a Certificate of Customary Marriage under the prescribed form after conducting any further investigations where necessary. According to the gazetted announcement all individuals married under the customary marriage act in Kenya must register their marriages from the 1st August 2017. Termination of a customary marriage after 20 November 2000.

Either or both parties in the marriage are required to apply in writing to the Registrar of Marriages in the district in which the marriage took place to be registered in the register of marriages. Form DHA-1699 which is an application for registrationinquiry into the existence of a customary marriage and form DHA-31 which is a declaration for the purpose of marriage. Both of these periods were repeatedly extended up to the end of 2010.

Customary marriages which should be registered as soon after the marriage as possible. Both parties have to make a physical appearance before the Registrar and cannot be represented. The requisite fees for registration of an existing customary marriage is Kshs.

Evidence of a customary marriage has to be produced in order for it to be registered. Although the Act says that both partners must be 18 or older before they may get married exceptions can be made for younger couples. One witness from the grooms family.

Section 4 9 of the Customary Marriage Act does however state that a customary marriage is not invalid if the customary marriage is not registered. For marriages which existed before the act came into force there was a one-year period for registration. Certificate of marriage can be obtained from any Huduma centre and given to the parties 21 days after registration.

This registration certificate will be proof of the existence of the customary marriage and may avoid disputes that might occur in the future. If the registering officer is satisfied that the spouses concluded a valid customary marriage he or she will register the marriage by recording the identity of the spouses the date of the marriage any lobolo agreed to and any other particulars prescribed. Application for registration of a customary marriage Parties are expected to apply for registration of the marriage in question within 6 months upon receipt of the Acknowledgement Certificate in accordance with the provisions of Section 55 1 of the Marriage Act 2014.

A customary marriage can be registered at your nearest Department of Home Affairs. The following will be required for Home Affairs to register the marriage. The application is done in a legal form prescribed under the law and can be found at the registrars offices.

Copies of IDs and a lobola agreement letter if available. The Customary Marriages Act requires that the couple who entered a customary marriage must ensure that the marriage is registered at the Department of Home Affairs says LegalWise. Frequently people only try and register their marriages after their spouse has died.

It is important to note that non registration does not make the marriage invalid and there is no penalty for non-registration.

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