MARRIAGE LAW CHANGES AHEAD

If you’re about to propose or get married, heads up because the laws around marriages in South Africa could soon change.

The Mariage Bill is currently with the National Assembly and is awaiting approval. The Department of Home Affairs submitted a White Paper and the Draft Marriage Bill in 2022.

The Department then tabled the Marriage Bill 2023 in December of the same year.

The Bill aims to cover all types of marriages in line with section 9(3) of the Constitution which states no one can be discriminated against based on their sex, sexual orientation, race, culture or religion.

If approved, the bill will empower the department to develop a single marriage act for the country, which is almost an umbrella marriage policy.

Currently, there are three different laws regulating marriages in South Africa:

The Marriage Act is for the monogamous marriage of opposite-sex couples.

The Recognition of Customary Marriages Act is for marriages performed under African customary law, including polygamous marriages, of opposite-sex couples.

The Civil Union Act is for monogamous partnerships for same-sex and opposite-sex couples.

If the Marriage Bill is approved by the National Assembly, it will replace all three of the current Acts.

One of the biggest changes related to the Marriage Bill is the minimum legal marriage age that will be raised to 18. This aligns with international standards.

Currently, girls of 12 and boys of 14 can get married if their parents, legal guardians or certain court officials give their consent.

Image credit: The South African