Divorce and Family Law

Yes!!!! On 30 November 2006, South Africa made world headlines when it became the fifth country in the world (and the first in Africa) to legalise marriage between two people of the same sex under the Civil Union Act.
The Civil Union Act is the law that now provides for legal recognition of marriages and civil partnerships, collectively referred to as civil unions, between two persons regardless of their sexual orientation or gender identity.
 

Yes, it is possible to change your marital regime through a process known as a postnuptial agreement. However, this requires the consent of both spouses and a court application and it is beneficial to discuss this and work through an attorney to manage this process. 

What the Law Says
The law allows both you and your ex to form new relationships after divorce without unnecessary interference. As a parent, you generally cannot prevent your ex from introducing your children to a new partner. However, the best interests of the children remain the top priority. If the new partner poses a risk of abuse, neglect, or harm, the situation can be addressed legally.

If you are concerned about the new partner’s influence or safety around the children, you can ask the court to intervene. The court will always make a decision based on what is in the children’s best interests.

In many cases, concerns about a new partner stem from jealousy or fear of being replaced, rather than actual risks to the children’s well-being. That said, it is important for both parents to communicate respectfully and consider each other’s feelings to avoid unnecessary conflict. Mediation is often a helpful way to resolve these concerns.

Key Factors to Consider
When deciding if a new partner’s involvement is appropriate, the following factors are relevant

The New Partner’s Background – Does the partner pose any actual danger? (e.g., history of abuse, neglect, or substance abuse).
Children’s Emotional Well-being – Consider their current mental and emotional state.
Time Spent Together – How much time will the children spend with the new partner?
Parenting Style – How the new partner provides care and disciplines the children.
Values and Lifestyle – Does the partner’s lifestyle conflict with the children’s upbringing?
Influence on the Children – What impact does the new partner have on the children’s behavior or well-being?
Perception by the Children – What message does the new partner’s presence convey to the children?

Court Intervention
Except in extreme cases (e.g., abuse, neglect, substance abuse, or mental health concerns), courts are unlikely to stop a new partner from being around the children. Courts generally will not restrict a parent’s time with the children solely because of the new partner’s involvement.
The focus always remains on ensuring the children’s safety and well-being, not the personal preferences or feelings of the parents.

A marriage ceremony can take place almost anywhere, as long as the legal part of the ceremony is conducted or repeated in a church or other building used for religious services or in a public office (i.e. a Government office) or in a private dwelling house. Basically, as long as the signing of the register/marriage certificate is done indoors. 

Absoloutely! You need to have a frank discussion with a lawyer who can assist not only with the legal requirements but to give both parties some important and realistic advice and checks about how marraige will affect your future - Obtaining good legal advice before you get married can save you an enormous amount of stress and expense down the line, not only in the unfortunate case of a divorce. Remember that your marital status can affect future issues like your financial liability for debts incurred, or the division of assets in the case of a divorce. As the old saying goes "Plan for the worst and hope for the Best!" 

Civil Marriages Governed by the Marriage Act of 1961. A civil marriage is between a man and a woman and can include a religious ceremony. The marriage officer will provide a free handwritten marriage certificate on the day of the ceremony.
Civil Unions Recognized under the Civil Union Act of 2006. Civil unions allow any two people, regardless of gender, to marry or enter into a civil partnership.
The legal rights and responsibilities are the same as a civil marriage under the Marriage Act.
Customary Marriages Governed by the Recognition of Customary Marriages Act of 1998.These marriages follow indigenous African customary laws and traditions.To be legally valid, the marriage must be registered within three months of the ceremony.Customary law may allow polygynous marriages (one man with multiple wives), but specific legal conditions must be met.

•  Register your intent to marry at a Department of Home Affairs office. This should be done at least three months before the wedding date. 
•  Pay the required fee for the marriage certificate and other administrative costs. 
•  Choose a marriage officer, either from the Department of Home Affairs or a religious institution, to officiate the ceremony. 
•  Schedule a date for the ceremony and obtain a marriage license.
•  Invite witnesses to the ceremony; you need at least two and they must be over 16 years old and understand the language used during the ceremony. 
•  After the ceremony, your marriage officer will submit the marriage register to the Department of Home Affairs, and you’ll receive your marriage certificate. 
•  Consulting with legal professionals or the relevant government authorities can help ensure that your wedding planning aligns with the legalities of marriage in South Africa