
The New Marriage Laws
South Africa is set to change its marriage laws from March 2023, which will allow for greater inclusivity and recognition of different types of relationships.
The new Marriage Act will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages that will accord with the doctrine of equality, non-discrimination and human dignity as encapsulated in the Constitution of the Republic of South Africa.
Marriages and civil unions in the country are currently regulated through three different pieces of legislation, including:
- The Marriage Act – which provides for monogamous marriage for opposite-sex couples;
- The Recognition of Customary Marriages – which provides for polygamous marriages for opposite-sex couples;
- The Civil Union Act – which provides for monogamous partnerships for both same and opposite-sex couples.
Some of the key changes are as follows:
- The new Marriage Act will enable South Africans of different sexual orientations, religious and cultural persuasions to conclude legal marriages;
- The introduction of strict rules around the age of marriage (including the alignment of the age of majority in the marriage legislation to the Children’s Act);
- It will align the marriage, marital property and divorce legislation to address marital property and intestate succession matters in the event of the marriage dissolution;
- It will allow for equitable treatment and respect for religious and customary beliefs in line with Section 15 of the Constitution.
- It will deal with the solemnisation and registration of marriages that involve foreign nationals;
- It will deal with the solemnisation and registration of customary marriages that involve non-citizens, especially cross-border communities or citizens of our neighbouring countries.
http://www.dha.gov.za/index.php/notices/1449-know-your-green-paper-on-marriages-in-south-africa
The Department of Home Affairs plans to draft and submit new marriage laws to cabinet for approval by 31 March 2023.