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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.

An analysis of the Child Care Act 74 of 1983 clearly illustrates that the Act is not directed at serving the best interest of the sexually abused child. Instead, it would seem that the priority placed on the interest of the community (by emphasizing the role of the criminal procedure) or the fitness of the parents to have custody of the child in child-care proceedings, is extremely detrimental to the interest of the child. The suggestion is put forward that it has become urgent for a family court to be established. In matters of this kind such a court can do valuable work to serve the best interest of the child by focussing on his personal situation, his having been the victim of the abuse.