07/04/2022
There are FOUR different types of marriages according to the Marriage Law in South Africa. As a registered marriage officer, I am legally allowed to register two of the four types of marriages in South Africa, namely, a CIVIL UNION and a CIVIL MARRIAGE. Make sure you know the differences in order to find the correct marriage officer for your wedding.
What is a civil marriage?
It is a marriage that can only be entered into between a man and a woman.
A civil marriage will automatically be in community of property, unless the persons enter into an ante nuptial contract indicating that the marriage will be out of community of property, with or without the accrual system.
What is a customary marriage?
It is a marriage entered into between a man and a woman, negotiated and celebrated according to the prevailing customary law in their community.
A customary marriage entered before 15 November 2000 is recognised as a valid marriage, however, it will be regulated in terms of the specific traditions and customs applicable at the time the marriage was entered.
A customary marriage entered after 15 November 2000 is recognised as a valid marriage and will receive full legal protection irrespective of whether it is monogamous or polygamous.
A monogamous customary marriage will automatically be in community of property, unless it is stipulated otherwise in an ante nuptial contract.
In a polygamous marriage, the husband must apply to the High Court for permission to enter into such a marriage and provide the court with a written contract stating how the property in the marriages will be regulated (to protect the property interests of both the existing and prospective spouses).
What is a civil union?
It is a marriage entered into between two persons of the same s*x.
A civil union will automatically be in community of property, unless it is stipulated otherwise in an ante nuptial contract.
What is a religious marriage?
It is a marriage entered into in terms of a religion such as the Islamic and Hindu faith.
Even though it is not recognised in South African law, some limited protection is granted to a religious marriage in the following instances:
a spouse may, upon the death of the other spouse, approach a Magistrate’s Court for a maintenance order against the deceased spouse’s estate;
• a spouse may inherit in terms of the law of intestate succession (when a person dies with no Will); and
• spouses are protected against domestic violence.
A religious marriage must be treated as a marriage out of community of property without the accrual system.