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MARRIAGES IN SA: LEGISLATION

Currently, marriages in South Africa are regulated through three different pieces
of legislation:
n The Marriage Act (no. 25 of 1961) governs the solemnisation and
registration of monogamous marriage of opposite-sex couples in South
Africa.
n The Civil Union Act (no.17 of 2006) governs monogamous partnerships and
civil unions for same-sex and opposite-sex couples, granting them similar
legal rights and protections as heterosexual married couples.
n The Recognition of Customary Marriages Act (no.120 of 1998) –
recognises and regulates marriages conducted according to customary law
and traditions practised by various ethnic groups in South Africa.
Matrimonial property regimes in South Africa
n The three forms of matrimonial property regimes in South Africa are:
u In community of property,
u Out of community with antenuptial contract (ANC), without accrual
u Out of community with antenuptial contract (ANC), with accrual.
More detail as to how the marital property regimes impact estate planning are
detailed in the next chapter titled "Tools for Estate Planning".
n The Marriage Bill, 2023
The Department of Home Affairs tabled the Marriage Bill 2023 in Parliament
in December 2023. The Bill proposes to completely replace, consolidate and
modernise the existing marriage laws. Its aim is to create a single, inclusive
legal framework for all marriages, regardless of religious, cultural, or sexual
orientation. The Bill also addresses various other aspects including the
requirements for monogamous and polygamous unions, the designation of
marriage officers, and the consequences of marriage dissolution. At the date of
publication hereof, the Bill is still under consideration by Parliament.

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