The legal framework
Marriage is governed by three parallel regimes — the Marriage Act, the Civil Union Act 2006 which opened marriage to same-sex couples, and the Recognition of Customary Marriages Act. South Africa was the fifth country in the world and remains the only African country to recognise same-sex marriage. 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; below that requires ministerial and parental consent, now tightly restricted |
|---|---|
| Polygamy | Civil marriage is monogamous, but polygynous customary marriages are recognised under the Recognition of Customary Marriages Act. |
| Same-sex marriage | Available under the Civil Union Act since 2006 |
| Customary marriages | Recognised and registrable, including polygynous marriages subject to a court-approved contract |
| Property regime | In community of property by default unless an antenuptial contract is signed before the wedding |
| Muslim marriages | Progressively recognised through Constitutional Court rulings |
| Three statutes | Marriage Act, Civil Union Act and Recognition of Customary Marriages Act |
| Antenuptial contract | Must be signed before the wedding, by a notary |
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.
- Sign the antenuptial contract before the wedding — afterwards it requires a court application.
- Register a customary marriage promptly; proof becomes difficult once witnesses disperse.
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. Without an antenuptial contract you marry in community of property, which means one spouse's debts become the other's. This is the single most consequential default in South African law.
Official sources and links
- gov.za — official government portal
- South African Human Rights Commission — constitutional rights body