’n Beknopte regshistoriese oorsig van die vereistes vir die totstandkoming van ’n regsgeldige huwelik

Abstract

A concise legal-historical overview of the requirements for establishing a legally valid marriage

Within the Reformational tradition it is commonly accepted that marriage does not only have a typical and unique character, but that it also reflects the relationship between Christ and his church. This article focuses on the legal requirements for the solemnisation of a marriage in contemporary South African law against the legalhistorical background to the issue. In view of the fact that the formalities for solemnisation are aimed at legal certainty and the prevention of clandestine marriages, the conclusion is reached that the church may prescribe requirements for the establishment of a marriage within the parameters of its own dogma and for its own internal purposes. It is argued that the church should apply this perspective regarding members of a congregation who are involved in a long-standing relationship, but for reasons of their own, prefer not to enter into a legally recognised marriage.