The legal framework
Marriage is governed by the Marriage Act 2014, which consolidated civil, Christian, customary, Hindu and Islamic marriages into a single statute. The Act sets 18 as the minimum age for all systems and requires registration, though customary marriages are often celebrated without it. 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 for all marriage systems |
|---|---|
| Polygamy | The Marriage Act 2014 recognises polygamous customary and Islamic marriages; civil and Christian marriages are monogamous. |
| Types | Civil, Christian, customary, Hindu and Islamic, each with its own rules |
| Registration | Required; a certificate is issued |
| Same-sex marriage | Not recognised; same-sex conduct remains criminalised |
| Five types | Civil, Christian, Hindu, Islamic and customary, all under the 2014 Act |
| Monogamy | Civil and Christian marriages are monogamous and cannot be converted |
| Notice | Twenty-one days for civil and Christian marriages |
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.
- Choose the type deliberately: it decides whether a later second marriage is lawful.
- Register a customary marriage with proof of the customary steps taken.
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. A civil or Christian marriage cannot later become polygamous. A second marriage during it is bigamy, whatever the customary position.
Official sources and links
- eCitizen — official government services portal