Page 121 - The Circle of Life
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You will also need to prove that you are legally divorced (if applicable) with the
divorce decree from court. That is the only legal way you can be divorced
besides annulment but the court will be involved. In case you happen to be a
widow you have to show your deceased husband's death certificate. Widowers
and men must do the same of course.
There is no such thing as a waiting period or reading the banns (where the
couples name is read in church for three Sundays before marriage) to give
everyone a fair chance to object. Nor do you need a license to be married as
long as you are old enough and of sound mind as we discussed. This is not the
case in the UK apparently where the above is still practised. Other countries also
no doubt!
Now you know that in South Africa same sex marriages take place under the
Civil Union Act and not the Marriage Act. The problem is to find a marriage
officer willing to do so for they cannot be forced to marry you if it is against their
religious beliefs or other morality grounds. It does not say so but it seems that a
church will then also be able to refuse it premises to be used for such events. I
am sure it will make no difference and that love will find a way. How lawful this
is would be hard to say for it does not make sense to be unable to refuse service
(a hotel room) but lawful to refuse to marry them. I am sure a few court cases
will follow and a serious clash between law and religion occur.
You need two witnesses to be at the ceremony and to sign the marriage register.
This is very important and they must be able to testify in court. Meaning not
mad or under 16 years of age! The marriage officer cannot be a witness and
marriage officer. In some parts of the world the witnesses must be 18 years or
older and it does not matter if it is family or not. Thus you can never have less
than five people at a marriage.
Can you legally marry your cousin? The short answer is yes including your
first cousin. Like many other countries we prohibit marriage in the direct line or
in other words between father and daughter or grandfather and granddaughter.
We feel the same with brother and sister and half-sister and niece who are
prohibited. They are what is called blood family.
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