Marriage in South Africa
Encyclopedia
Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples. Since 1998 the law has recognised marriages, including polygynous
marriages, conducted under African customary law, and in 2006 South Africa became the fifth country in the world to allow same-sex marriage
.
A person may only be married under one of these laws at a time, except that a couple in a monogamous customary marriage can contract a marriage with each other under the Marriage Act.
. The Minister may also designate ministers of religion as marriage officers; they cannot solemnize marriages under the Civil Union Act unless their denomination has applied to the Minister to be registered to do so.
's Community Survey 2007, the marital status of South Africans over the age of 15 breaks down as follows:
In 2009, the most recent year for which statistics are available, the Department of Home Affairs registered 171,989 marriages under the Marriage Act, of which 81,650 were solemnised by a minister of religion and 90,229 were solemnised by a government officer. 13,506 customary marriages were registered under the Recognition of Customary Marriages Act, and 760 marriages or civil partnerships were registered under the Civil Union Act. In the same year 30,763 divorces were recorded.
Polygyny
Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist or a polygamist...
marriages, conducted under African customary law, and in 2006 South Africa became the fifth country in the world to allow same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
.
Law
The laws under which a marriage may be contracted in South Africa are:- The Marriage Act, 1961, which allows for the solemnisation of a civil or religious marriage between a man and a woman.
- The Recognition of Customary Marriages Act, 1998, which allows for the registration of marriages under African customary law. Some communities' customary law allows for polygynous marriages, and these are recognised subject to certain conditions.
- The Civil Union Act, 2006Civil Union Act, 2006The Civil Union Act, 2006 is a South African Act of Parliament which legalised same-sex marriage. It was enacted as Parliament's response to the judgment of the Constitutional Court in the case of Minister of Home Affairs v Fourie, which ruled that it was unconstitutional for the state to provide...
, which allows for the union of two people of the same sex or of opposite sexes; the partners can choose whether their union is to be described as a marriage or as a civil partnership. The legal consequences of a marriage under the Civil Union Act are the same as those of a marriage under the Marriage Act.
A person may only be married under one of these laws at a time, except that a couple in a monogamous customary marriage can contract a marriage with each other under the Marriage Act.
Marriage officers
Marriages under the Marriage Act and the Civil Union Act must be solemnized by a marriage officer and in the presence of two witnesses. Magistrates are ex officio marriage officers, and civil servants (in practise usually officials of the Department of Home Affairs) may be designated as marriage officers by the Minister of Home AffairsMinister of Home Affairs (South Africa)
The Minister of Home Affairs is the minister in the Cabinet of South Africa with responsibility for the Department of Home Affairs. The position includes responsibility for immigration, refugee and asylum policy, for the civil registry, and for the issuing of identity documents and passports.-List...
. The Minister may also designate ministers of religion as marriage officers; they cannot solemnize marriages under the Civil Union Act unless their denomination has applied to the Minister to be registered to do so.
Statistics
According to Statistics South AfricaStatistics South Africa
Statistics South Africa is the national statistical service of South Africa, with the goal of producing timely, accurate, and official statistics in order to advance economic growth, development, and democracy. To this end, Statistics South Africa produces official demographic, economic, and...
's Community Survey 2007, the marital status of South Africans over the age of 15 breaks down as follows:
| Married in a civil or religious ceremony | 7,721,159 | 23.5% |
| Monogamously married under customary law | 2,977,764 | 9.1% |
| Polygamously married | 23,695 | 0.1% |
| Living together as if married | 2,493,094 | 7.6% |
| Never married | 16,803,267 | 51.1% |
| Widowed | 2,020,677 | 6.1% |
| Separated | 306,930 | 0.9% |
| Divorced | 546,597 | 1.7% |
In 2009, the most recent year for which statistics are available, the Department of Home Affairs registered 171,989 marriages under the Marriage Act, of which 81,650 were solemnised by a minister of religion and 90,229 were solemnised by a government officer. 13,506 customary marriages were registered under the Recognition of Customary Marriages Act, and 760 marriages or civil partnerships were registered under the Civil Union Act. In the same year 30,763 divorces were recorded.
See also
- Polygamy in South AfricaPolygamy in South AfricaWhile polygamy and civil recognition of polygamous marriages are illegal, South African customary law affords a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody, thanks to a 1998 law that allowed for such...
- Same-sex marriage in South AfricaSame-sex marriage in South AfricaSame-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal...