The new era of discarded wives in South African customary law and the way forward

Abstract With the rise of globalization and migration, the issue of recognizing various family laws has become increasingly significant. Parties may enter into marriages in accordance with their religious and customary law beliefs or state law, or using a combination thereof. This article examines the difficulties states may face in the recognition of customary or religious marriages by exploring the South African regulation of customary marriages. The South African framework, which allows for communities to set their own requirements for the conclusion of a customary marriage, has given rise to uncertainty and ambiguity, enabling parties to easily dispute marital rights by questioning the very existence of a marriage. Similarly, the failure to reconcile the differences between civil and customary marriages and regulate marriage as if individuals adhere rigidly to a single legal framework has led to people falling between frameworks and thus having no rights. Accordingly, the article advocates for the development of existing legal mechanisms, such as the putative, universal partnership and life partnership, to protect parties’ rights.