The legal framework
Marriage is governed by the Marriage Act for statutory marriages and customary law for customary unions. The Constitution sets 18 as the minimum age, and national campaigns against child marriage have been sustained for a decade. 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 marriages may be polygamous; a statutory marriage is monogamous. |
| Statutory marriage | Monogamous, registered |
| Customary marriage | May be polygynous; registration is encouraged |
| Conversion | A customary marriage can be converted into a statutory one |
| Same-sex marriage | Not recognised; same-sex conduct is criminalised |
| Two systems | Statutory marriage under the Marriage Act, and customary marriage |
| 21 days' notice | For a statutory marriage, at the registrar's office |
| Licensed places of worship | Churches must be licensed to celebrate statutory 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.
- Confirm the church's licence before the wedding.
- Consider converting a customary marriage to a statutory one if you want monogamy and clearer succession.
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 statutory marriage is strictly monogamous. Contracting a customary marriage during it is bigamy, even where the community regards it as normal.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database