How To Register Customary Marriage

07 Jun, 2021

The requisite fees for registration of an existing customary marriage is Kshs. It is important to note that non registration does not make the marriage invalid and there is no penalty for non-registration.

Customary Marriage Meaning Requirements And Registration 2019

The following will be required for Home Affairs to register the marriage.

How to register customary marriage. 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. Customary marriages which should be registered as soon after the marriage as possible. 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. How do you divorce a customary marriage. Anyone wishing to register a customary marriage must complete two application forms.

One witness from the brides family. The following people should present themselves at either a Home Affairs office or a traditional leader in order to register 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.

The application is done in a legal form prescribed under the law and can be found at the registrars offices. Your friend can file for divorce on. Both parties have to make a physical appearance before the Registrar and cannot be represented.

Frequently people only try and register their marriages after their spouse has died. 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. Or A representative of each of the families.

Even if the marriage is not registered you have to seek divorce by filing a divorce petition before the family court. To register a customary marriage the couple needs to take the following to Home Affairs. The two spouses with copies of their valid identity books and a lobola agreement if available at least one witness from.

Certificate of marriage can be obtained from any Huduma centre and given to the parties 21 days after registration. It is necessary to check whether the husband has mentioned the name of the lady as his wife. Although the Act says that both partners must be 18 or older before they may get married exceptions can be made for younger couples.

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. The spouses are obliged to register the marriage with the Department of Home Affairs within three months. 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.

A customary marriage can be registered at your nearest Department of Home Affairs. For marriages which existed before the act came into force there was a one-year period for registration. 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.

Evidence of a customary marriage has to be produced in order for it to be registered. 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. This registration certificate will be proof of the existence of the customary marriage and may avoid disputes that might occur in the future.

Termination of a customary marriage after 20 November 2000. The physical presence of. The Registrar then issues a Certificate of Customary Marriage under the prescribed form after conducting any further investigations where necessary.

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. At least one witness for each of the partners or a representative from each of the families must also be present. He then issues spouses a certificate of registration bearing the prescribed particulars.

To register a customary marriage a couple must go to an office of the Department of Home Affairs. Copies of IDs and a lobola agreement letter if available. Both of these periods were repeatedly extended up to the end of 2010.

According to the gazetted announcement all individuals married under the customary marriage act in Kenya must register their marriages from the 1st August 2017.

Customary Marriage Is The Law Working Department Of Sociology