Getting married

3 types of legal marriages catered by South African law

Three types of marriages are recognised under South African law, these are as follows:

  • A civil marriage – in terms of the Marriage Act, between one man and one woman, to the exclusion of all others;
  • A civil union – in terms of the Civil Union Act, which caters for both same sex and opposite sex marriages; and
  • Customary marriages in terms of the Recognition of Customary Marriages Act, which allows for both monogamous and polygamous marriages, which are celebrated in terms of African Customary traditions.

The consequences of all of these marriages is that the parties to the marriage (if monogamous) are in community of property unless a valid antenuptial contract is concluded.

Claire Thomson chatted to 702’s Gushwell Brooks on Tuesday 8 October about the three different types of marriage in South African Law. Listen to the full podcast here. 

To find out more about whether you have entered or intend to enter into a valid marriage, and whether you want to change your matrimonial regime from in, to out of community of property, consult a specialist at Witz Inc, today.