Marital status in south africa the following legislation regulates the marital status of persons in south africa. Marriage act, 1961 wikisource, the free online library. Heterosexual couples can, therefore, choose to marry in terms of the marriages act or in terms of the civil unions act. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. Muslim marriages in south africa get full recognition. The marriage act only provides for monogamous oppositesex marriages. In south africa, there are several ways of getting married, depending on religion, custom or tradition. Civil marriages are often entered into at religious structures i. Three laws currently provide for the status of marriage in south africa. To amend the marriage act, 1961 so as to insert certain definitions. Marriage act means the marriage act, 1961 act 25 of 1961.
However a competent court may dissolve it on grounds of lack of consent on application by parents or guardian or minor themselves within certain periods patrimonial consequences must distinguish between cases where marriage is dissolved on ground of. This document provides essential information on the solemnisation of marriages under the marriage act 1961. Except as aforesaid, and except as in section 37 of this act non observance provided with respect to marriages under that section, no of the condl marriage otherwise lawful which has been actually solem tions of ths ac nized shall be declared void on the ground that any of. In south africa, marriages may be dissolved by the death of one of the spouses or by divorce. Consul includes consulgeneral, viceconsul, proconsul and consular agent. A couple married by nikah islamic ceremony that have not registered the marriage in terms of the marriages act 25 of 1961, should likewise contact an attorney to discuss the matrimonial property systems in south africa and consider which will best suit their needs. These clergy can register marriages in terms of the act. Section 39a states this act and any amendment thereof shall apply also in the territory of south west africa. These are the marriage act act 25 of 1961, which provides for civil or religious oppositesex marriages. Recognition of customary marriages act 120 of 1998 3. Formalities for marriage in south africa family law. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961.
Getting married in south africa south africa marriage license requirements all persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. South africans can choose to get married in terms of customary law, religious rites, or in a civil or church marriage. Short title this act may be cited as the marriage act. Marriage law in south africa derives from the marriage act of 1961, incorporated into the countrys postapartheid constitution in 1994, which defines legal marriage as the union of one man and one woman, although in recent years some constitutional challenges have resulted in changes to the law.
Republic of south africa department of home affairs application for marriage certificate marriage act 25 of 1961, civil union act 17 of 2006 and recognition of customary marriage act 120 of 1998 dha to be completed in full and submitted at the department of home affairs office or to a south african embassy or consulate. Be it enacted by the parliament of the republic of south africa, as follows. Getting married in south africa south african embassy in. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. The marriage act 25 of 1961 aims to set out the rules and regulations relevant to parties that enter into marriages and it affords parties rights and protections as spouses. Amended by births and deaths registration act 51 of. Registering your marriage in south africa religion. South africa ratified the convention on the rights of the child in 1995, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1995, which. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. This act sa gg 6670 governs the solemnisation of civil marriages. This is a compilation of the marriage act 1961 that shows the text of the law as amended and in force on 9 december 2017 the compilation date. All marriages entered in terms of islamic law, are currently not recognised as valid marriages. African customary marriages in south africa and the intricacies of a mixed legal system.
As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. Muslim marriages in south africa get the long deserving full recognition by nicolene schoeman louw on june, 2014 in news over the years south african courts have been faced with complex issues regarding the legal status of marriages solemnized in terms of muslim rites and even more so, when it came to the rights and recognition of spouses. Marriage act 1961 table of provisions long title part ipreliminary 1. Pdf african customary marriages in south africa and the. At present more than 200 muslim clergy are registered as marriage officers in south africa.
A man in south africa may have more than one spouse but a south african woman may only have one spouse. Civil union act 2006 southern african legal information. Family law pvl 2601 su 3 consequences of civil marriage. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Links to family law and divorce law legislation in south africa. In terms of the divorce act, a decree of divorce will be granted by a court of law. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961. South africa signed a j oint statementat the 2014 human rights council calling for a resolution on child marriage. The act banned marriages between europeans and noneuropeans, which, in the language of the time, meant that white people could not marry people of other races. Rather than amending the marriages act, which still permits marriage exclusively for heterosexual individuals, the new civil unions act allows any two persons to conclude a marriage relationship. The provisions of this act and the regulations made in terms thereof are applicable to all persons of all population groups who marry in the republic of south africa.
This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Marriage act an act to make provisions for the celebration of marriages. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. Statistics south africa stats sa publishes data on marriages for south african citizens and permanent residents that are collected through the civil registration systems of dha. For the love of physics walter lewin may 16, 2011 duration. Page 2 guidelines on the marriage act 1961 for marriage celebrants july 2014 record of updates. For a valid marriage to be recognised in south africa one must get married in terms of civil law which is regulated by the marriage act 25 of 1961 or two people can enter into a civil union partnership under the civil union act. Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. Marriage act 25 of 1961, as amended in south africa to march 1978. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. The marriage act 25 of 1961 only monogamous, heterosexual civil marriages may be. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force.
Amended by births and deaths registration act 51 of 1992. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. Pdf dilemma of muslim women regarding divorce in south. Act not to exclude operation of certain state and territory laws 7. South africa legally recognizes two types of marriages.
Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. Certain persons may in certain circumstances be deemed to have been marriage officers. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. Religious leaders, including muslim clerics, are able to become marriage officers in terms of the marriage act, and to register islamic marriages under the terms of this act.
The statutes that currently regulate the formalities of marriages and civil unions in south africa are. Consequences and dissolution of marriage for want of. South african law on marriage annulment legal beagle. The prohibition of mixed marriages act in south africa.