AUTHOR: ADRIENNE OLIVER
PUBLICATION DATE: SEPTEMBER 18, 2025
The new Marriage Bill, which is currently under consideration in the National Assembly, is set to modernise South Africa’s marriage laws. Instead of three separate Acts, being the Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998, and the Civil Union Act of 2006, there will be one law for everyone.
Having marriages governed by these three different laws, creates complexity and sometimes inequality. The new Bill will simplify this by creating a single, unified legal framework that recognises all marriages – civil, customary and religious
Key features of the new Marriage Bill include:
- a minimum age of 18 with no exceptions. Marriages involving anyone under 18 will be invalid and could lead to criminal charges
- all marriages will be recognised, whether civil, customary, or religious
- religious and customary marriages will remain valid, including polygynous marriages, but with stricter legal requirements
- couples must choose their matrimonial property system before the wedding. If you want to be married out of community of property, you’ll need to sign an antenuptial contract (ANC) with a notary in advance.
Practically, this means that when you are planning to get married you will need to confirm that you are both over 18; ensure that you have all the right documents, including proof of identity (and, for foreign nationals, a letter of non-impediment); and decide on your matrimonial property system and arrange an ANC if necessary.
Religious or traditional leaders who want to perform marriages will have to apply for designation and complete prescribed training. Polygynous marriages under customary or religious law, require that a husband obtains written consent from his current wives and a court-approved property contract to protect all spouses.
If you are already married under any of the current laws, your marriage remains valid and you would not need to re-marry. The changes mainly apply to new marriages once the law comes into effect.
The significance of this new Bill is that it will simplify the law, but it also means planning ahead is more important than ever. If you’re getting married – or your circumstances involve religious or customary law – speak to an attorney early to ensure compliance and protect your rights.
We’ll keep you updated as the Bill moves through Parliament. If you have any questions about marriage laws or antenuptial contracts, contact our office for expert advice.
Tel:+27 31 5705334,
Email: adrienne.oliver@gb.co.za