South Africa’s customary-marriage clock is ticking: Why couples must act now
A critical legal countdown is underway for South African couples who have tied the knot under customary law.
With the fast-approaching cutoff of 31 August 2026, spouses have been urged to formalise their marriages at the Department of Home Affairs (DHA) to safeguard their legal rights.
Under the Recognition of Customary Marriages Act (RCMA), which came into force on 15 November 2000, customary marriages enjoy the same legal recognition and protection as civil unions, but registration remains the only foolproof protection for families.
For South Africans abroad – who can access consular guidance and civic services via the Department of International Relations and Cooperation (DIRCO) and diplomatic missions – registration is vital for estate planning.
Advocate Sankie Morata, speaking to eNCA, warned: “In the past, it has become difficult to prove the existence of a particular marriage in a death or divorce.”
Without a certificate, estate winding is “cumbersome” and “costly”, especially if lobola witnesses have passed away, he added.
Historically, under colonial-era laws, African women had the legal status of children. The RCMA corrected this, establishing equal status, capacity, and automatic community of property in monogamous customary marriages.
This joint ownership is crucial in South Africa’s modern landscape, where Statistics South Africa (Stats SA) reports that wives initiated 57.2% of 24,202 divorces in 2024.
However, a critical legal hurdle has emerged. The Constitutional Court ruled that signing an antenuptial contract (ANC) after a customary marriage is concluded is invalid.
Attorney Thabo Mantyi explains that marriages are immediately in community of property upon completion of customary rites, warning: “If they wait until after lobola negotiations are concluded, it may be too late.”
Post-marriage changes require a costly High Court application, affecting “99% of Black marriages”.
As Parliament reviews the proposed Marriage Bill to unify all marriage laws, Stats SA data reveals over 87% of divorces involve first-time marriages, while second marriages are highly stable. Securing your union protects your family’s future.
How to Register Your Customary Marriage
According to the Department of Justice and Constitutional Development, spouses must present:
- Spouses’ valid identity documents.
- The lobola agreement, if available.
- At least one witness from the bride’s family and one from the groom’s family.
- Completed form BI-1699.
Find more information here.