Key Deadline
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Special registration period: 1 September 2024 – 31 August 2026.
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Action: Register early to avoid queues.
Legal Status
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Unregistered marriages are still legally valid. The certificate is proof of the marriage, not what creates it.
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Without a certificate, it’s harder to prove your marriage to banks, employers, and courts.
Problems If You Don’t Register
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Difficulty with banks, insurers, and employers.
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Trouble changing your surname or getting spousal benefits.
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Issues with jointly owned property.
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If a spouse dies without a will, you may have to go to the High Court to prove the marriage (costly and slow).
Property Rules
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Customary marriages are automatically in community of property (assets and debts are shared).
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You cannot change this later with an antenuptial contract—it must be signed before the marriage.
What Makes a Marriage Valid?
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Both partners must be 18+ and freely consent.
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Must follow customary law (negotiated, celebrated, etc.).
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Lobola is not a legal requirement, but it is strong proof of custom.
Who Must Register?
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Marriages from before November 2000.
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Marriages from after November 2000 that weren’t registered within 3 months.
How to Register
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Who attends: Both spouses + at least one witness from each family.
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Documents: IDs, lobola agreement (if any), form BI-1699, reason for late registration, and a fee.
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Where: Home Affairs office or through a traditional leader.
Polygamous Marriages
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Allowed, but the husband must get a court order for property rules.
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The first wife’s consent is critical—without it, the second marriage can be invalid.
If You Miss the Deadline
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Marriage stays valid, but registering later becomes much harder (more documents, steps, or legal help needed).
Three Marriage Laws in South Africa
| Law | Who | Key Points |
|---|---|---|
| Marriage Act (1961) | One man + one woman | Monogamous; default: in community of property |
| Customary Marriages Act (1998) | Under African customary law | Allows polygamy (with court order); default: in community of property; lobola not required but strong proof |
| Civil Union Act (2006) | Any two people (including same-sex) | Monogamous; default: in community of property |
Religious Marriages
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Not automatically recognised unless registered under one of the three laws above.
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Muslim marriages (Nikah) can now be registered since January 2022.
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Unregistered religious marriages may have limited protection for inheritance and maintenance.
Upcoming Change
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A new Marriage Bill aims to replace all three laws with one unified law.
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It will apply equally to all, set minimum age at 18, and simplify registration.
Quick Summary Table
| Aspect | Marriage Act | Customary Marriages Act | Civil Union Act |
|---|---|---|---|
| Who can marry? | One man + one woman | Customary (polygamy allowed) | Any two people |
| Monogamous? | Yes | No (with court order) | Yes |
| Default property | In community | In community | In community |
| Registration required? | Yes | Yes (special period) | Yes |
