Be it enacted by the parliament of the republic of south africa, as follows. In south africa, there are several ways of getting married, depending on religion, custom or tradition. At present more than 200 muslim clergy are registered as marriage officers in south africa. Polity offers free access to south african legislation, policy documents and daily political news. Amended by births and deaths registration act 51 of 1992. Registering your marriage in south africa religion. In terms of the divorce act, a decree of divorce will be granted by a court of law. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act.
Heterosexual couples can, therefore, choose to marry in terms of the marriages act or in terms of the civil unions act. 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. 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. 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. Marriage act, 1961 wikisource, the free online library. These clergy can register marriages in terms of the act.
Recognition of customary marriages act 120 of 1998 3. 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. 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. Marital status in south africa the following legislation regulates the marital status of persons in south africa. 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. For nearly five decades, civil marriage in south africa has been governed and regulated by the marriage act 25 of 1961.
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. Marriage act an act to make provisions for the celebration of marriages. 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. 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. Consul includes consulgeneral, viceconsul, proconsul and consular agent.
Getting married in south africa south african embassy in. 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. Marriage act 25 of 1961, as amended in south africa to march 1978. 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.
Short title this act may be cited as the marriage act. The statutes that currently regulate the formalities of marriages and civil unions in south africa are. 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. 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. Amended by births and deaths registration act 51 of.
Family law pvl 2601 su 3 consequences of civil marriage. For the love of physics walter lewin may 16, 2011 duration. This notice is the prescribed form for this purpose. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. This document provides essential information on the solemnisation of marriages under the marriage act 1961. The prohibition of mixed marriages act in south africa. Consequences and dissolution of marriage for want of. To amend the marriage act, 1961 so as to insert certain definitions. The formalisation and registration of civil marriages, customary marriages and samesex marriages civil unions are all managed by the department of home affairs. Marriage act means the marriage act, 1961 act 25 of 1961.
South african law on marriage annulment legal beagle. Civil union act 2006 southern african legal information. 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. A man in south africa may have more than one spouse but a south african woman may only have one spouse. 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. The marriage act 25 of 1961 only monogamous, heterosexual civil marriages may be.
Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Formalities for marriage in south africa family law. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. 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. Three laws currently provide for the status of marriage in south africa. African customary marriages in south africa and the intricacies of a mixed legal system. Family court of a state means a family court of a state that has jurisdiction under the family law act 1975 by virtue of a proclamation under section 41 of that act. 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.
Page 2 guidelines on the marriage act 1961 for marriage celebrants july 2014 record of updates. 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. South africa legally recognizes two types of marriages. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Muslim marriages in south africa get full recognition. Places of worship to be licensed for celebration of marriages preliminaries to marriage 7. 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.
Certain persons may in certain circumstances be deemed to have been marriage officers. The act accommodates persons who cannot enter into a valid marriage under the marriage act, 1961. Links to family law and divorce law legislation in south africa. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961 act 25 of 1961. The marriage act only provides for monogamous oppositesex marriages. Marriage act 1961 table of provisions long title part ipreliminary 1. This act sa gg 6670 governs the solemnisation of civil marriages. Pdf dilemma of muslim women regarding divorce in south. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country.
Application of act to the territory of south west africa, and repeal of laws of that territory. These are the marriage act act 25 of 1961, which provides for civil or religious oppositesex marriages. Pdf african customary marriages in south africa and the. All marriages entered in terms of islamic law, are currently not recognised as valid marriages. 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. 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. 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. Act not to exclude operation of certain state and territory laws 7. In south africa, marriages may be dissolved by the death of one of the spouses or by divorce. 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.