South Africa marriage laws continue to evolve in 2025, with important reforms under discussion that could affect civil, customary, and religious unions. Whether you’re getting married, already married, or advising someone else, understanding the current legal framework is essential for protecting your rights and obligations under South African law.
What are the key changes to South Africa marriage laws in 2025?
As of mid-2025, no new consolidated marriage law has been enacted. However, the Draft Marriage Bill, introduced in 2023, aims to unify South Africa’s fragmented marriage legislation, currently governed by the Marriage Act, Civil Union Act, and Recognition of Customary Marriages Act. The Bill is still under parliamentary review. Until it’s signed into law, the three acts remain in force. The proposed bill would recognize all marriage types under a single framework, including civil, religious, customary, and same-sex unions.
How do the current laws treat customary marriages?
Customary marriages are legally recognized under the Recognition of Customary Marriages Act, 1998, provided they meet requirements such as consent and observance of traditional practices. While registration is encouraged, it’s not currently required for a customary marriage to be valid. However, the state is urging couples to register by 31 August 2026, as future law may require registration to ensure full legal protection, particularly for women in matters of inheritance and divorce. If unsure about your marriage’s status, seek help from a top family law attorney in Durban.
Are same-sex marriages treated differently in 2025?
No. South Africa continues to fully recognize same-sex marriages under the Civil Union Act, 2006, which remains unchanged. Since a 2020 amendment, all marriage officers are required to perform same-sex marriages without discrimination. Same-sex spouses enjoy the same legal protections and obligations as heterosexual couples.
What marriage property regimes are currently recognized?
South Africa marriage laws recognize three matrimonial property systems:
- In community of property (default if no antenuptial contract is signed)
- Out of community of property without accrual
- Out of community of property with accrual
Couples must sign an antenuptial contract before marriage to opt out of the default regime. There are no new 2025 requirements to declare a regime at registration, but clear communication with your attorney remains essential. Visit a contracts attorney to make the correct choice for your financial future.
| Property Regime | Description |
|---|---|
| In community of property | Assets and debts are shared equally between spouses. |
| Out of community (without accrual) | Each spouse keeps their own assets and liabilities, even after divorce. |
| Out of community (with accrual) | Assets are separate, but growth during marriage is shared on divorce. |
What happens if a marriage is not registered?
Currently, registration is not a legal requirement for validity, except for civil unions under the Civil Union Act. However, failure to register a customary marriage may lead to difficulty proving its existence in court. This can impact inheritance, divorce proceedings, and estate planning. Courts rely on witness testimony and cultural evidence to confirm unregistered marriages. If you’re uncertain about the legal standing of your marriage, consult a professional conveyancing attorney.
Are there any legal changes to antenuptial contracts?
As of 2025, there is no legal requirement for mandatory legal counseling before signing an antenuptial contract. However, legal guidance is strongly recommended. A valid antenuptial contract must be signed before marriage and registered at the Deeds Office within three months. This document defines property rights and financial obligations between spouses and helps avoid disputes down the line.
How do South Africa marriage laws affect estate planning?
The legal status of your marriage, particularly registration and your chosen property regime, has major implications for inheritance and wills. For example, unregistered customary marriages may result in a surviving spouse being treated as a cohabitant with fewer rights. Having a valid will, clear marital regime, and up-to-date records is crucial for protecting your family. Speak with an estate planning attorney to structure your estate correctly.
Can foreigners still get legally married in South Africa?
Yes. Foreigners may legally marry in South Africa under civil law. As of 2025, they must provide:
- A valid passport
- A letter of non-impediment from their home country
- Proof of legal residency or visa status
Additional interviews or checks may be conducted by Home Affairs to prevent fraudulent marriages. Always verify requirements early to avoid delays in your wedding planning process.
How is divorce handled under current law?
Divorce is governed by the Divorce Act, 1979, and applies to all legally recognized marriages. No reforms have yet been passed to change divorce proceedings, but the General Laws (Family Law) Amendment Bill has been tabled to allow courts more flexibility in asset distribution, especially in marriages without accrual. These proposals are still pending. Mediation remains encouraged in divorce matters, particularly when children or joint assets are involved. For guidance, contact a litigation attorney.
Where can I get trusted legal advice about South Africa marriage laws?
Marriage law in South Africa is complex, and proposed reforms are still in development. For clear, personalized advice, speak directly with a legal professional. Our firm offers comprehensive support for marriage registration, antenuptial contracts, property regime decisions, divorce, estate planning, and more. Start your journey by visiting our get legal advice page and booking a consultation today.
Learn more about marriage in South Africa on Wikipedia.
