Types Of Marriages In South Africa: All The Recognized Unions

• The three types of marriages recognized in South Africa are: civil union, civil marriage, and customary marriage
• A civil union which is also known as a civil partnership became recognized in South Africa in 2006
• South African marriages are usually solemnized by either a government marriage officer or a religious marriage officer

There are three types of marriages in South Africa: civil marriages, customary marriages, and civil unions, and they are all recognized under South African law. All three marriages are solemnized and registered under the Department of Home Affairs. Due to diversity in religion and culture, the country adopted the law that recognizes marriages such as polygynous marriages.

South Africa is the only country in the world that recognizes both polygamy and same-sex marriages. Also, there are three different laws that guide marriage procedures in South Africa. Just as there are laws guiding marriage there are also several marital property regimes that can be applied to marriages in South Africa.

Details about the Three Types of Marriages in South Africa

1. Civil Marriage

Civil marriage is the most common type of marriage in South Africa. This type of marriage is formed under the marriage act law, 1961 which allows for the solemnization of civil or religious marriage between a man and a woman. The marriage solemnization must be carried out by a marriage officer in the presence of not less than two witnesses.

In other to have a valid marriage, the man and woman must be above the age of 18. However, there are claims that a girl over the age of 15 may marry but with her parent’s consent.

Also, in a civil marriage, the couple has inheritance rights which means one of them can inherit from the other in case of death. While there are three rules guiding this type of marriage, only marriage in a community of property is applicable here.

2. Customary Marriages

Customary marriages are done according to indigenous African customary law. it is the second most popular type of marriage in South Africa. The customary marriages Act came into power in 1998 and ever since, the country has registered not less than 2000 couples already. A polygamous marriage is a customary marriage.

One of the most important rules of customary marriages posits that the couple must be competent and are not blood relatives. Also, neither of the two should be in a civil marriage already.

Just like civil marriages, the three marital regimes are also applicable here. It is worthy of note that customary marriage is the only type of marriage that may be entered into by more than two consenting individuals.

Polygamy and polyandry are also recognized by law under customary marriage. In South Africa, customary marriages are registered at the Department of Home Affairs.

In order for a customary marriage to be recognized, there are certain requirements to be met and it is guided by the recognition of customary marriages Act, 1998.

3. Civil Unions

This is also called civil partnership. It was introduced in 2006 as a type of marriage that registers both same-sex partners and opposite-sex partners. Civil union couples have the same rights and responsibilities as civil marriages.

In 2021, it was revealed that civil unions make up the minority of marriages in South Africa with only 1,771 registered.

This type of marriage is guided by the Civil Union Act, 2006. Apparently, South Africa was the first country to legalize same-sex marriage. The union can be officiated by government officials and also religious leaders. However, government marriage officers who do not agree with this type of marriage can be exempted from doing so only if there is a written letter to the Minister of Home Affairs.

Religious marriage officers are not obliged to solemnize a marriage that would violate the doctrines of their religion.

In African tradition, before any form of marriage is done, the brideprice or bridewealth must be paid. While it is not strictly adhered to nowadays, South Africans have practiced it for a long time. The bridewealth is called lobola and it is usually a complicated and formal process with strict rules. Before now, cattle were used as payment but today, cash is accepted.

Read Also: What Are The Official Languages Of South Africa? Number Of Speakers

Different Marriage Contracts in South Africa

Marriage in Community of Property

This agreement in marriage combines everything the couple had before and during the marriage. However, it excludes any item either party inherited. So, in case there’s a divorce, the couple shares their assets in two.

Also, all the debt one of the partners had before or during the marriage automatically becomes part of the couple’s joint estate. That is to say, the couple is responsible for each other’s debts.

Marriage Out of Community of Property (Antenuptial)

This marriage contract gives the couple two options: marriage with or without the accrual system. A marriage with the accrual system protects the partner who is seen as financially vulnerable while marriage without the accrual system allows each partner to manage their personal assets freely.

Marriage out of community of property with accrual allows a partner not to be responsible for your partner’s debt as well as being allowed to manage and grow one’s assets without the permission of the other party.

If one of the partners is the breadwinner, the one who is financially vulnerable would be dependent on the other.

This type of marriage contract is applied to regulate whether the marriage will be out of community of property with or without the accrual system. An antenuptial contract is usually done in the presence of two witnesses and a notary public.

In the laws of South African marriages, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property and all their assets and liabilities are merged into a joint estate.

The Concept of Divorce in South African Law

South African law permits divorce but there are laws guiding it. A divorce may be obtained on grounds of incurable mental illness or continuous unconsciousness for more than six. Also, the law specifically mentions that one-year separation, adultery, and habitual criminality as other factors that divorce can be granted.

Divorce for same-sex couples and opposite-sex couples is subject to civil law. While divorce for marriages under customary law is also subject to civil law but there are certain changes since customary marriages may be monogynous and polygynous.

Furthermore, the 2011 South African Census revealed that people 43.7% of people between the age of 20 and above have never been married while 36,7% were married at the time of the census. There were also 11.0% living as married couples and 5.7% widowed. The rate of divorce was 1.9% while separation was 0.9%.