The legal framework
Marriage is governed by the Marriage Act, under which marriage is monogamous and celebrated by a marriage officer. Common-law unions are widespread and are given specific statutory recognition for property and maintenance purposes after five years. Whichever system applies, the decisive practical step is registration: it determines what can be proved later about property, inheritance and children.
Key points
| Age | 18; 16 and 17 with parental consent |
|---|---|
| Polygamy | Prohibited; bigamy is an offence. |
| Notice | Given to a marriage officer or the Registrar General |
| Common-law unions | Recognised after five years for property and maintenance |
| Same-sex marriage | Not recognised; the Constitution contains a savings provision on the definition of marriage |
| Registration | Through the Registrar General's Department |
| Marriage officers | Appointed ministers of religion and civil officers |
| Licence or banns | A licence from the Registrar General, or publication of banns |
| Minimum age 18 | 16 with parental consent remains possible |
In practice
- Establish which marriage system applies to you — it determines everything that follows.
- Register the marriage and obtain the certificate; customary and religious ceremonies often go unregistered.
- Where property regimes can be chosen, make the choice before the ceremony, in writing.
- Keep certified copies: they are required for inheritance, pensions and children's documentation.
- Confirm the marriage officer's appointment before the ceremony.
- Obtain certified copies of the marriage certificate once registered.
Cost and coverage
Registration fees are modest; later regularisation through the courts is far more expensive.
Recent changes
The common regional trend is the consolidation of minimum ages at 18 and the promotion of registration for customary marriages.
Where to go
- National registrar of marriages or civil registration department.
- Local authorities and chiefs, where customary marriages are recorded.
- Legal aid schemes and women's rights organisations.
Worth knowing
An unregistered customary or religious marriage may be socially complete but legally invisible. Registration is what allows a surviving spouse to inherit and a separated spouse to claim. Common-law unions of five years attract property rights but not the same succession rights as marriage. The distinction matters most on death.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database