South African law offers couples more than one way to marry. A church service, a customary marriage following lobola and a civil union are all legal routes, each governed by its own act. Here is a plain guide to getting married in South Africa. Always check current requirements with the Department of Home Affairs before you finalise plans.
Three acts, three routes
- The Marriage Act of 1961 covers civil and religious marriages conducted by a marriage officer.
- The Recognition of Customary Marriages Act of 1998 covers marriages concluded under African customary law.
- The Civil Union Act of 2006 allows couples, including same-sex couples, to marry or enter a civil partnership.
A person can only be in one type of legal marriage at a time, and the rules on monogamy differ between the acts, so couples should choose deliberately.
Marriage officers
Civil and religious marriages must be conducted by a designated marriage officer, such as a Home Affairs official or a minister of religion who has been appointed as a marriage officer. The couple, the officer and two witnesses sign the marriage register, and the marriage is recorded by Home Affairs. Ask your officiant to confirm they are designated.
Customary marriages
A customary marriage is valid when it is negotiated and celebrated according to customary law, often including lobola. It should then be registered with Home Affairs. Both spouses, with a member of each family, usually attend to register, and registration provides proof of the marriage for property, inheritance and other matters.
Antenuptial contracts
By default, civil marriages in South Africa are in community of property, meaning the spouses share one joint estate. Couples who want separate estates sign an antenuptial contract, or ANC, before the wedding, drawn up by a notary and registered at the deeds office. An ANC can include or exclude the accrual system, which shares growth in wealth during the marriage. Speak to a notary well before the date, because the contract must be signed before the marriage.
Foreign nationals
Couples where one or both partners are not South African citizens need valid passports and may need further documents. Destination couples should check what their home country will recognise.
Practical tips
- Book your marriage officer and confirm their designation early.
- Decide on your property regime before you set the date.
- Check that names and ID numbers are correct on the register before signing.
Getting married in South Africa: common questions
What laws govern getting married in South Africa?
The Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998 and the Civil Union Act of 2006. Read about marriage in South Africa.
What is an antenuptial contract?
An antenuptial contract, signed before the wedding with a notary, lets spouses keep separate estates instead of marrying in community of property.
Do customary marriages need to be registered?
Yes. Registering with Home Affairs gives proof of a customary marriage.
