The legal framework
Marriage is governed by the Marriage Act, the Customary Marriages (Registration) Act and the Marriage and Divorce of Mohammedans Act. A comprehensive marriage bill has been debated for many years without enactment, leaving a fragmented framework. 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 under the Constitution |
|---|---|
| Polygamy | Customary and Islamic marriages may be polygamous; civil and church marriages are monogamous. |
| Types | Civil, church, customary and Islamic marriages, each separately regulated |
| Registration | Required for customary marriages within six months |
| Same-sex marriage | Not recognised; same-sex conduct is criminalised, with severe penalties under 2023 legislation |
| Several statutes | Marriage Act, Customary Marriages (Registration) Act, Marriage and Divorce of Mohammedans Act, Hindu Marriage Act |
| Six months | Customary marriages should be registered within six months |
| Licensed place of worship | Required for a church marriage under the Marriage Act |
| Banns or licence | Either publication of banns or a registrar's certificate |
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.
- Register a customary marriage within six months; later registration requires a court order.
- Check that the church is licensed before fixing the date.
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. Widows without a registered marriage face the greatest difficulty in claiming property. Registration is the cheapest protection available.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database