Types Of Marriages In South Africa That Can Be Registered

South African law recognises three types of marriages that can be registered: civil marriages under the Marriage Act 25 of 1961, customary marriages under the Recognition of Customary Marriages Act 120 of 1998, and civil unions under the Civil Union Act 17 of 2006 (open to same-sex and opposite-sex couples). Each type grants full marital status with the same legal consequences on dissolution, but each has its own formalities — civil marriage must be solemnised by a marriage officer in the presence of two competent witnesses, customary marriages are concluded and registered in line with customary law, and civil unions follow a parallel but separate solemnisation framework. Separately from the marriage type, couples can choose a matrimonial property regime — in community of property (the default if no antenuptial contract is signed), out of community of property with accrual, or out of community of property without accrual — by executing an antenuptial contract before a notary public and registering it in the Deeds Registry within three months of execution.

The Three Marriages Recognised by South African Law

The Department of Home Affairs is responsible for the registration and safekeeping of all marriage records in South Africa, and three statutes currently govern which marriages can be registered. Each category was created by its own Act of Parliament and carries full marital status with the same legal consequences on dissolution — the difference lies in the formalities and the cultural or legal framework under which each is concluded.

Marriage type	Governing statute	Commenced
Civil marriage	Marriage Act 25 of 1961	1 January 1962
Customary marriage	Recognition of Customary Marriages Act 120 of 1998	15 November 2000
Civil union	Civil Union Act 17 of 2006	30 November 2006

Religious-only ceremonies — a nikah, a Christian church wedding that is not also solemnised by a marriage officer, or any other purely religious rite — are not registered marriages unless the legal formalities under one of the three Acts are also met. Where that distinction is missed, the parties are not recognised as spouses for matrimonial property, inheritance, or maintenance purposes, even if the ceremony itself was a fully valid religious observance.

Civil Marriage (Marriage Act 25 of 1961)

A civil marriage is the longest-standing of the three categories and the default form for most South African couples. The Marriage Act 25 of 1961 defines it as the “union of one man and one woman” and remains the statute that governs every civil marriage solemnised in the country.

Formalities for a valid civil marriage

• Both parties must be 18 years or older; if either party is a minor, parental or guardian consent is required, and where that cannot be obtained, the Commissioner of Welfare, the Minister of Home Affairs, or a Judge of the High Court may consent under the Children’s Act 38 of 2005.
• Neither party may already be lawfully married to someone else — a previous marriage must first be dissolved by death or divorce (a final decree of divorce or a deceased spouse’s death certificate must be furnished where applicable).
• The marriage must be solemnised by a licensed marriage officer — a Home Affairs-designated official, a magistrate, a religious leader nominated by an approved denomination, or any other person appointed under the Act.
• Two competent witnesses must be present and must sign the marriage register alongside the marriage officer after the ceremony.
• The marriage register entry is completed at the ceremony and submitted to Home Affairs for registration; the marriage officer issues a handwritten marriage certificate (Form DHA 27) free of charge at the ceremony.

Civil marriages may take place at a Home Affairs office, a church or other religious building, a private venue, or any other lawful location, provided a licensed marriage officer presides. As of 31 March 2025, Home Affairs also commenced the on-the-spot issuance of unabridged marriage certificates at its offices for civil marriages.

Effect

A valid civil marriage confers full marital status under matrimonial property, succession, and family law. Couples marrying in a civil marriage may simultaneously conclude an antenuptial contract to select their matrimonial property regime (see below); if they do not, the default regime of in community of property applies automatically.

Customary Marriage (Recognition of Customary Marriages Act 120 of 1998)

A customary marriage is one that is “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law” — typically involving lobola or bogadi, family negotiation, and a customary ceremony. The Recognition of Customary Marriages Act 120 of 1998 commenced on 15 November 2000 and gives customary marriages full legal status, including on dissolution.

Formalities for a customary marriage

• The marriage must be negotiated and entered into or celebrated in accordance with the customary law of the parties’ community.
• Both prospective spouses must be 18 years or older (or have the consent of a parent, guardian, the Commissioner of Welfare, the Minister of Home Affairs, or a Judge of the High Court where applicable).
• Both parties must consent to the marriage, and the marriage officer must be satisfied that the lobola or other customary requirements have been met.
• The marriage must be registered within three months of conclusion at any Home Affairs office — registration is the act that gives the marriage full legal recognition under the Act. Where it is not reasonably possible to register within three months, registration must take place as soon as possible thereafter.

The parties who must present themselves at Home Affairs to register a customary marriage are the two spouses (with valid IDs and a lobola agreement where applicable), a witness from the bride’s family, and a witness from the groom’s family. Two family representatives must also lodge certified copies of their IDs and a sworn declaration from SAPS confirming the celebration and their attendance. The application is captured on Form DHA 1699.

Polygamous customary marriages

Where a husband is already in a customary marriage and wishes to enter into another customary marriage, he must, at his own cost, obtain a court order from a competent court that will regulate his future matrimonial property system before a further marriage may be concluded. Each marriage must then be registered individually in accordance with the Act.

Pre-Act customary marriages

Marriages concluded before 15 November 2000 are recognised as valid marriages under the Act, but the parties may apply to a magistrate’s court for a declaratory order on the proprietary consequences where this is needed.

Civil Union (Civil Union Act 17 of 2006)

The Civil Union Act 17 of 2006 commenced on 30 November 2006 and defines a civil union as “the voluntary union of two persons (irrespective of gender) who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership.” The Act is open to both same-sex and opposite-sex couples, although opposite-sex couples who wish to marry typically use a civil marriage under the Marriage Act.

Formalities for a civil union

• Both parties must be 18 years of age or older.
• Neither party may already be married or in a civil partnership in terms of any other Act.
• The civil union must be solemnised by a designated marriage officer (a religious marriage officer nominated by an approved denomination, a designated officer in Home Affairs or the Magistrates’ Courts, or an employee in the public, diplomatic, or consular service designated by virtue of office).
• At least two competent witnesses must be present at the ceremony.
• The marriage officer submits the civil union register entry to Home Affairs for registration.

Legal status

The Civil Union Act provides that a civil union has the same legal consequences as a civil marriage for all purposes of South African law, including access to the matrimonial property regime system through an antenuptial contract, maintenance obligations, and inheritance rights. The categories exist as parallel statutory frameworks, but the legal outcome is functionally equivalent. The certificate issued is a civil union certificate, not a marriage certificate — though the two are treated as legally equivalent for most institutional purposes.

Marital Property Regime vs Marriage Type

The “type” of marriage (civil, customary, or civil union) is a separate question from the matrimonial property regime — the regime determines how the couple’s assets and liabilities are treated during the marriage and on dissolution. The two decisions are independent: the same three property-regime choices are available to couples entering any of the three marriage types, and the regime is selected before the wedding.

The three matrimonial property regimes

Regime	Default?	ANC required?	Effect on dissolution
In community of property	Yes (if no ANC)	No	All assets and liabilities merge into one joint estate; each spouse has a half-share; equal division on dissolution
Out of community of property with accrual	No	Yes (ANC must not exclude accrual)	Each spouse keeps their own starting assets; on dissolution, the spouse whose estate grew less claims half the difference (the “accrual”) from the other
Out of community of property without accrual	No	Yes (ANC must expressly exclude accrual)	Each spouse keeps their own assets and liabilities entirely separately, both during the marriage and on dissolution

This distinction matters more than most couples realise at the time of the wedding. A couple marrying in community of property without thinking about it can find, on the wedding day itself, that all their pre-marriage assets become jointly owned — with significant consequences on divorce, insolvency, or death.

Choosing a Property Regime: The Antenuptial Contract (ANC)

Couples who do not want the default in-community-of-property regime must execute an antenuptial contract (ANC) before the marriage takes place. The ANC is a notarial document that records the couple’s choice of regime and any specific terms they have agreed.

Formalities for a valid ANC

1. The ANC must be drafted and signed by both parties in the presence of a notary public (and two competent witnesses where applicable).
2. The contract must be registered in the Deeds Registry within three months of execution to be valid against third parties (creditors, contracting counterparties, later purchasers of property).
3. Failure to register within the three-month window does not void the contract between the spouses themselves, but third parties are not bound by it — a real practical risk in subsequent transactions.

As a matter of timing, the contract should be executed well before the wedding day. Couples typically sign the ANC months in advance so it is already registered by the time the marriage is solemnised, and so no last-minute procedural pressure arises. Home Affairs itself confirms that, where the parties intend an antenuptial contract, the contract must first be registered with the Deeds Office (under the Deeds Registries Act 47 of 1937) before the parties approach Home Affairs for solemnisation of the marriage.

What can be included

• The choice of regime — out of community of property with accrual, or out of community of property without accrual.
• Any specific exclusions or inclusions of assets.
• Other terms the parties agree to, subject to public policy and the Act.

The marriage itself does not require the ANC to be filed at the wedding — the ANC is a separate document, registered in the Deeds Registry against the parties’ names and retrieved by reference to their identity numbers.

Burger Huyser Attorneys fields this work through its Family Law practice and its Notarial & Conveyancing services, with a qualified Notary and Conveyancer on staff — including admitted attorneys Natasha van Deventer (Notary, Bedfordview) and Amanda le Roux (Notary & Conveyancer, Bedfordview) — so couples can have the ANC drafted, witnessed before a notary, and lodged in the Deeds Registry in one instructed matter.

How Each Marriage Type Is Registered in Practice

The registration steps for each marriage type follow a parallel pattern, but the documents and forms differ.

Marriage type	Where solemnised	Form / register	Certificate issued
Civil marriage	Home Affairs office, religious building, or private venue — by a designated marriage officer	Civil marriages register, signed at the ceremony by the parties, witnesses, and marriage officer	Handwritten marriage certificate (Form DHA 27) issued free at the ceremony; unabridged certificate available on the spot at Home Affairs offices since 31 March 2025
Customary marriage	In accordance with the customs of the parties’ community; followed by registration at Home Affairs	Application on Form DHA 1699, lodged at any Home Affairs office within three months of the marriage	Customary marriage certificate issued by Home Affairs after registration
Civil union	Home Affairs office, religious building, or any other lawful venue — by a designated marriage officer	Civil union register, signed at the ceremony by the parties, witnesses, and marriage officer	Civil union certificate issued by Home Affairs after registration

After registration, Home Affairs issues the relevant certificate. That certificate is the document most institutions — banks, insurers, employers, the Master’s Office — will ask for as proof of the marriage.

Frequently Asked Questions

How many types of marriages are recognised in South Africa?

Three — civil marriage under the Marriage Act 25 of 1961, customary marriage under the Recognition of Customary Marriages Act 120 of 1998, and civil union under the Civil Union Act 17 of 2006. All three carry full marital status with the same legal consequences on dissolution.

Is a civil union the same as a civil marriage?

Functionally yes. The Civil Union Act provides that a civil union has the same legal consequences as a civil marriage for all purposes of South African law — including access to the matrimonial property regime system, maintenance obligations, and inheritance rights. The categories exist as separate statutory frameworks, but the legal outcome is the same.

Do I need an antenuptial contract to get married?

No — an antenuptial contract is only required if you want to marry out of community of property (either with or without accrual). If no antenuptial contract is signed, the default regime of in community of property applies, which means all assets and liabilities merge into a joint estate from the date of marriage.

What happens if we don’t register our antenuptial contract in time?

Failure to register the antenuptial contract in the Deeds Registry within three months of execution does not invalidate the contract between the spouses, but third parties (creditors, other contracting parties) are not bound by it. The practical effect is that the regime choice may not be respected in dealings with third parties until registration is regularised.

Are religious-only marriages (nikah, etc.) legally recognised in South Africa?

Only if they also meet the formalities of a registered marriage under one of the three Acts (typically the Marriage Act, solemnised by a licensed marriage officer). A purely religious ceremony without a marriage officer is not a registered marriage for legal purposes — the parties are not recognised as spouses for matrimonial property, inheritance, or maintenance purposes.

Can a customary marriage be polygamous?

Yes, in the sense that a husband may have more than one customary wife under the Recognition of Customary Marriages Act, provided each marriage is concluded and registered in accordance with the Act and any applicable customary law. Before a further customary marriage may be entered into, the husband must, at his own cost, obtain a court order from a competent court regulating his future matrimonial property system.

If you are getting married in South Africa and need clarity on which matrimonial property regime is right for you — or you want an antenuptial contract drafted, witnessed before a notary, and registered in the Deeds Registry within the three-month window — Burger Huyser Attorneys’ Family Law and Notarial teams can take you through it. The firm serves Gauteng from its head office at 49 First Avenue, Linden, Randburg (011 888 0246, after-hours 061 516 6878) and through branches in Sandton (011 253 3080), Centurion (012 644 4990), Pretoria (012 471 5700), Bedfordview (011 201 7190), Alberton (011 439 3990), Roodepoort (011 668 0030), and Midrand (010 022 4082). Couples who want to compare in-community-of-property against out-of-community-of-property (with or without accrual) before signing can book an initial consultation at the branch closest to them; bring your ID and a draft list of the assets each of you wants to ring-fence or pool. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and holds recognition including Best Family Law Firm 2024 (Lawyers Monthly Legal Awards) and Family Law Firm of the Year 2024 (MEA Business Awards).