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Civil Unions Lecture .PPTX 3

The document outlines the legal framework for civil unions and domestic partnerships, highlighting that both are formally recognized for same-sex and different-sex couples, and that there are no differences in legal consequences compared to civil marriages. It discusses the amendment to the Civil Union Act which prevents marriage officers from refusing to solemnize civil unions based on personal beliefs. Additionally, it clarifies that there is no legal recognition of common law marriages, and domestic partnerships can be established through a Domestic Partnership Agreement.

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phindilebanda34
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44 views7 pages

Civil Unions Lecture .PPTX 3

The document outlines the legal framework for civil unions and domestic partnerships, highlighting that both are formally recognized for same-sex and different-sex couples, and that there are no differences in legal consequences compared to civil marriages. It discusses the amendment to the Civil Union Act which prevents marriage officers from refusing to solemnize civil unions based on personal beliefs. Additionally, it clarifies that there is no legal recognition of common law marriages, and domestic partnerships can be established through a Domestic Partnership Agreement.

Uploaded by

phindilebanda34
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Civil Union Act vs

Domestic
partnerships
CHAPTER 15 AND CHAPTER 16
Civil unions and civil partnerships

 Formally recognised in terms the law


 Can be for same sex couples or diferent sex couples
 Voluntary
 Above 18 ( possible discrimination ?)
 Registered
 No diference between civil marriage and civil partnerships
Can a marriage ofcer refuse to
solemnise a civil marriage ?
 Marriage ofcer not compelled to solemnise civil union
 This was the law in terms of Section 6 of the Civil unions Act
 A marriage ofcer, other than a marriage ofcer may in
 writing inform the Minister that he or she objects on the ground of
conscience. religion
 Discrimination ? Problem : small towns?
 The Amendment Act, enacted in October 2020, repeals section 6 of the Act.
 Accordingly, in terms of the Amendment Act, a marriage ofcer, other than
a marriage ofcer referred to in section 5 of the Act, may no longer refuse
to solemnise a civil union because such marriage ofcer objects to the civil
union on the ground such marriage ofcer’s conscience, religion, and belief.
Requirements
 Over the age of 18
 Q: How can someone below 16 marry in terms of the marriage Act .
 Not be married
 Objection ?
 Marriage formula :
 In solemnising any civil union. the marriage ofcer must put the following
questions to each of the parties separately. and each of the parties must reply
thereto in the afrmative:
 “Do you, A.B.? declare that as far as you know there is no lawful impediment to
your proposed marriage and civil partnership with C.D. here present. and that
you call all here present to witness that you take C.D. as your lawful spouse and
partner‘?”
 thereupon the parties must give each other the right hand and the marriage
ofcer concerned must declare the marriage or civil partnership, as the case may
be, solemnised in the following words: “I declare that A.B. and (?.I>. here present
have been lawfully joined in a (3) If the provisions of this section relating to the
questions to be put to each of the parties separately or to the declaration
whereby the marriage or civil partnership shall be declared to he solemnised.
Requirements

 Two competent witnesses

 Legal consequences are exactly the same as if the marriage have


been concluded in terms of the marriage Act
Domestic partnerships
CHAPTER 16
Is there something called a
common law husband and wife ?
 No such thing as a common law husband and wife
 You help your clients by way of a Domestic Partnership
Agreement
 Should not be Contra bonos mores

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