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Last updated: 11 février 2026

The Affidavit of Dissolution of Customary Marriage is the legal documentation affirming that a marriage contracted under Native Law and Custom has ended.

Unlike Statutory Marriages, which require a High Court decree to dissolve, Customary Marriages are dissolved through traditional processes (often involving the return of bride price).

This affidavit serves as the written evidence that those traditional processes have been concluded.

Why it is Needed

Since customary courts are not present in every community and some divorces happen amicably within family meetings, there is often no 'Divorce Certificate' issued by a judge.

However, if a woman wants to remarry (especially under the Marriage Act), she must prove she is free from the previous union.

This affidavit is accepted by the Marriage Registry as proof of divorce.

It is also used to change names on official documents and to settle custody or property matters.

Content

The affidavit must state the names of the former couple, the date and place of the original marriage, and the fact that the marriage has been dissolved in accordance with the custom of the area (e.

g.

, by the return of dowry).

It confirms that the deponent is now a free person, legally capable of entering a new marriage.

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