Four ways couples marry, what each one requires, and what each one means for your property and your future.
South African law recognises more than one way to be married. Which law your marriage falls under decides who may marry, what makes the marriage valid, what happens to your property, and what it takes to end the marriage. Many of the disputes we see start with a couple who never knew which rules applied to them.
Parliament is working on a single new Marriage Act that would bring all marriages under one law. It is not law yet. Until it is, the rules below apply.
| Civil Marriage | Civil Union | Customary Marriage | Religious Marriage | |
|---|---|---|---|---|
| Governed by | Marriage Act, 1961 | Civil Union Act, 2006 | Recognition of Customary Marriages Act, 1998 | Religious rites; civil law where also registered |
| Open to | Opposite-sex couples | Any two adults | Couples marrying under African customary law | Members of the faith |
| Key formality | Marriage officer + two witnesses | Marriage officer + two witnesses | Negotiated and celebrated per custom; register at Home Affairs | Religious ceremony; legal effect needs a designated officer or civil registration |
| More than one spouse? | No | No | A husband may, with a court-approved property contract | Not under civil law |
| Default property position | In community of property | In community of property | In community of property | Depends on civil registration and contract |
| How it ends | Death or court divorce | Death or court divorce | Death or court divorce | Muslim marriages: court divorce since 2024; others depend on civil status |
Separate from the type of marriage is the question of what happens to what you own. South African law gives married couples three options.
If you marry without an antenuptial contract, this applies automatically.
Needs an antenuptial contract. The modern middle road.
Needs an antenuptial contract that expressly excludes the accrual.
An antenuptial contract, or ANC, is the agreement that takes you out of the default in-community position. It must be signed before a notary before the wedding and registered in the Deeds Office. Changing your property regime after the wedding is possible, but only through a court application, which is far more involved than getting the contract right the first time.
Most property disputes in a divorce are not about the rules. They are about one or both spouses discovering, years too late, which rules applied to them. An hour of advice before a marriage is worth more than a year of litigation after it.
This guide is general information about South African law, current at the time of writing. It is not legal advice, and it is no substitute for advice on your own circumstances. Speak to an attorney before acting on anything here.
Bring your certificate, your contract, or just your story. A consultation will tell you which rules apply to your marriage and what they mean for you.