FAQ

When exploring options as a couple, many wonder whether they should tie the knot legally, and what the advantages and disadvantages of doing so are.

Civil marriages are recognised and fully protected by the law, as are the other valid marriages, namely customary marriages and civil unions.

In order to enjoy the benefits from a legally recognised marriage, couples should familiarise themselves with the different marital regimes in the Country, as well as the advantages and their disadvantages.

Civil marriage grants partners legal benefits that can only be enjoyed by couples who are bound by a legally recognised marriage.

These benefits work to protect both parties throughout their marriage, and for cases of death or divorce. The legal benefits of a civil marriage include protecting one another with:

1. Support – being married obligates you to a duty of support to one another depending on each party’s emotional and financial needs.
2. Maintenance – spousal maintenance can be claimed when a spouse dies and the claim is made against the deceased estate. It can also be claimed when the parties are divorcing and or still married to each other.
3. Inheritance – spouses can also benefit from the estate of the other one when they dead, even when maintenance is not required.
4. Termination – in cases of divorce, spouses are entitled to a portion of the property, depending on the marital regime.

The disadvantage of a civil marriage is the fact that it is not as easy to terminate.

There is much more to it than ending a relationship of a couple who are not legally bound to one another.

It is advisable to get an advice of professional Lawyers. This could help one to divorce the easiest way, and also in a way that could be beneficial to all parties involved.

Other disadvantages usually come about when detailed marriage contracts were not drawn up by professionals.

Gain all the legal benefits of choosing the marriage regime that will work for both parties by contacting our Professional Legal Team.

South African law recognises three different marriage regimes:
Civil Marriages,
Civil Unions
Customary Marriage.

Civil marriages are the most common type of marriage in South Africa. Only heterosexual couples can enter into a civil marriage regime.

There's 3 different type of civil marriage regimes.

1. Marriage In Community of Property;
2. Marriage Out of Community of Property subject to the Accrual System, and
3. Marriage Out of Community of Property with the Exclusion of the Accrual System.

It is vital to fully understand each regime’s legal financial consequences so to make an informed decision.

If you get married without concluding an antenuptial contract, your marriage will automatically be in community of property.

The Civil Union Act, 2006 (Act No. 17 of 2006) is an act of the Parliament of South Africa that legalised same-sex marriages.

It allows two people, regardless of gender, to form either a civil union or a civil partnership. Couples opting for a civil union marriage regime enjoys the same rights, responsibilities and legal consequences as those in a civil marriage. Civil unions often referred to as same-sex unions, can, in fact, be entered into by opposite-sex couples as well.

Customary law in South Africa governs the laws relating to customary marriages (also referred to as traditional marriages).

At its core, it is popular for regulating the indigenous African customary laws that are concluded in terms of customary marriages, unions and lobola.

The requirements for a valid customary marriage stipulates that:

1. lobola must be fixed;
2. marriages must be negotiated,
3. marriage must be celebrated and concluded in relation to customary laws;
4. The couple must be consenting adults (over the age of 18 years);
5. The parties must be competent to marry each other, meaning that they must not be blood relatives;
6. both the parties must agree to be married under customary law;
7. Neither of the parties should already be in a civil marriage.

Knowing the advantages and disadvantages of the different types of marriages in South Africa is of utmost importance before deciding to get married and /or register your marriage. For more information on marriage contracts and antenuptial contracts, contact our experienced team of lawyers.