Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998)8. Dissolution of customary marriages |
| (1) | A customary marriage may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage. |
| (2) | A court may grant a decree of divorce on the ground of the irretrievable breakdown of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them. |
| (3) | The Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987) and section 6 of the Divorce Act, 1979 (Act No. 70 of 1979), apply to the dissolution of a customary marriage. |
| (4) | A court granting a decree for the dissolution of a customary marriage— |
| (a) | has the powers contemplated in sections 7, 8, 9 and 10 of the Divorce Act, 1979, and section 24(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984); |
| (b) | must, in the case of a husband who is a spouse in more than one customary marriage, take into consideration all relevant factors including any contract, agreement or order made in terms of section 7(4), (5), (6) or (7) and must make any equitable order that it deems just; |
| (c) | may order that any person who in the court’s opinion has a sufficient interest in the matter be joined in the proceedings; |
| (d) | may make an order with regard to the custody or guardianship of any minor child of the marriage; and |
| (e) | may, when making an order for the payment of maintenance, take into account any provision or arrangement made in accordance with customary law. |
| (5) | Nothing in this section may be construed as limiting the role, recognised in customary law, of any person, including any traditional leader, in the mediation, in accordance with customary law, of any dispute or matter arising prior to the dissolution of a customary marriage by a court. |