Summary
CIVIL UNION SUMMARY
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Summary of 2 pages for the course Family Law at wits
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Family Law: Topic 10Civil Unions
The Civil Union Act recognises marriages and partnerships as solemnised,
registered voluntary unions of two persons over the age of 18. It is
applicable to same- and different-sex couples.
Who Can Solemnise a Civil Marriage/Partnership in Terms of the Act?
Any marriage officer in terms of s2 of the Marriage Act.
Any minister of religion or someone holding a position in a religious institution,
can apply to the Minister in writing to become a marriage officer.
When Can a Marriage Officer Refuse to Solemnise a Civil
Marriage/Partnership?
The Marriage Act allows ministers of religion to refuse to solemnise a marriage if it
does not conform to their particular religious beliefs.
The state-appointed marriage officers cannot use religion/conscientious reasons
to refuse to solemnise marriages.
S6 of the Civil Unions Act allows a marriage officer to write to the Minister
explaining why they object to solemnising civil unions on grounds of conscience
(ethics).
This makes it harder for poorer and less educated gay couples to get married,
accused of encouraging discrimination.
Who Can Get Married/ Civil Partnered Under the Civil Unions Act?
Anyone over the age of 18 who produces their identity documents or an affidavit.
If a person is currently married under civil unions, the Marriage Act or the
Customary Marriages Act, they cannot conclude another partnership, unless they
produce a divorce/death certificate.
Can a Person Object to a Proposed Civil Union?
S9(1) of the Civil Union Act allows for a written objection to be sent to the
marriage officer, who must inquire into the grounds of the objection.
If there is no lawful reason, the union can be solemnised, otherwise the officer can
refuse and must put it on the record in writing.
What is the Civil Union Solemnisation Formula?
Parties must choose whether their civil union should be known as a ‘marriage’ or
‘civil partnership’.
The marriage officer will ask:
Do you, X, declare that there is no lawful impediment to your proposed marriage/ civil
partnership with Y, and that you call all here present to witness that you take Y as your
lawful spouse/ civil partner?
◦ Everyone present will bear witness to the union.
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