SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate understanding of the legal principles of marriage in South Africa 
SAQA US ID UNIT STANDARD TITLE
123223  Demonstrate understanding of the legal principles of marriage in South Africa 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard will enable court based learners to understand the legal implications of marriage as a conceptual foundation for their work in family law and enhance the legal knowledge and capacity of family law service providers in the justice system.

Learners credited with this unit standard will be able to:
  • Explain the legal requirements and consequences of marriage in South Africa.
  • Demonstrate knowledge of the legal formalities and conditions for civil and customary marriages in South Africa.
  • Demonstrate knowledge of marital property regimes and the Matrimonial Property Act. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4.
    Mathematical literacy skills NQF Level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the legal requirements and consequences of marriage in South Africa. 
    OUTCOME RANGE 
    The legal requirements and consequences to be covered include capacity, consensus, unlawfulness, the personal consequences of marriage and sections 6 and 7 of the Recognition of Customary Marriages Act no 120 of 1998. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Requirements for a 'legally recognised marriage' in South Africa are explained in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Examples of marriages and relationships that are not legally recognised in South Africa are identified in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Legal rights and duties conferred on people when they marry are explained in order to inform court users. 

    ASSESSMENT CRITERION 4 
    Legal steps available to people if their marital rights are infringed are identified and explained in the context of South African law. 

    SPECIFIC OUTCOME 2 
    Demonstrate knowledge of the legal formalities and conditions for civil and customary marriages in South Africa. 
    OUTCOME RANGE 
    The legal formalities and conditions to be covered are contained in sections 2, 3, 24, 24A, 26 and 29A of the Marriage Act no 25 of 1961 and sections 3 and 4 of the Recognition of Customary Marriages Act no 120 of 1998. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Criteria which must be satisfied to contract a civil marriage is evaluated in the context of South African law. 

    ASSESSMENT CRITERION 2 
    Criteria which must be satisfied to contract a customary marriage after 15 November 2000 is explained in the context of the Recognition of Customary Marriages Act no 120 of 1998. 

    ASSESSMENT CRITERION 3 
    The approach to customary marriages entered into before 15 November 2000 is explained in the context of the Recognition of Customary Marriages Act no 120 of 1998. 

    ASSESSMENT CRITERION 4 
    The legal status of polygamous marriages is explained in the context of South African law. 

    SPECIFIC OUTCOME 3 
    Demonstrate knowledge of marital property regimes and the Matrimonial Property Act. 
    OUTCOME RANGE 
    Marital property regimes to include (i) community of property, (ii) out of community of property but in community of profit and loss, (iii) out of community of property and out of community of profit and loss excluding accrual, and (iv) out of community of property and out of community of profit and loss including accrual. Knowledge of the Matrimonial Property Act no 88 of 1984 to cover Chapters 1 and 3. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The four marital property regimes recognised in South Africa are evaluated in order to determine the legal consequences of each. 

    ASSESSMENT CRITERION 2 
    Default marital property regimes are explained within the context of South Africa law. 

    ASSESSMENT CRITERION 3 
    The four marital property regimes are explained in the context of South African law. 

    ASSESSMENT CRITERION 4 
    Implications of the different marital property regimes are analysed in order to inform court users. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The legal requirements and consequences of marriage in South Africa.
  • The legal formalities and conditions for civil marriages in South Africa.
  • The legal formalities and conditions for customary marriages in South Africa.
  • The provisions of the Matrimonial Property Act no 88 of 1984.
  • The provisions of the Marriage Act no 25 of 1961.
  • The provisions of the Recognition of Customary Marriages Act no 120 of 1998.
  • The consequences of different marital property regimes in South Africa. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to understand the legal implications of marriage and matrimonial property systems to assist their diagnosis of family law problems. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to work as an informed member of court-based service delivery teams in assisting members of the public in family law. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect, analyse and organise information relating to marriage and marital property regimes to enhance their administration of family law matters. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to communicate legal concepts and terms of marriage. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the legal concept of marriage and its relationship to other systems of family law services. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to assess and update their own legal knowledge of marriage and to contribute to more informed service delivery in South Africa. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of divorce at a lower court level. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  66869   National Certificate: Home Affairs Services  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  PSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. JUSTICE COLLEGE 
    2. NENGWEKHULU TSHIWANDALANI INC 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.