What is the Dissolution of Customary Marriage?

Customary marriages are not always recognized by the law.

A customary marriage is a marriage of ethnic custom, rather than one recognized by the formal legal system of a country. The dissolution of a customary marriage is the end of such a marriage, by legal divorce or ethnic custom, depending on the laws of the country.

Customary Law Practice

Customary law is practiced in countries whose governments have one or more ethnic groups that predate the legal systems now in place. These ethnic groups might handle certain things among themselves rather than in courts. Marriage is a common example. A marriage might be made within the social traditions of a certain ethnic group without consulting legal and government traditions.

Dissolution of Customary Marriages by Customary Law

Customary marriages may be dissolved by the same traditional system that made the marriage originally. Usually the families of the parties in the marriage make arrangements for how property is to be distributed, children raised and spouses maintained after the marriage is ended.

Dissolution of Customary Marriages by Court

In some countries, customary marriage has the same legal status as legal marriage, and, therefore, divorce requires legal actions in a court. In this case, the dissolution of a customary marriage is similar to the dissolution of a legal marriage.

References

• Customary Marriage Bench Book, South Africa