Customary marriage registration deadline fast approaching

JOHANNESBURG - Couples married in terms of customary law who have not yet registered their marriages have until 31 August to do so.

Under the Recognition of Customary Marriages Act, customary marriages have the same legal recognition and protection as civil marriages. 

Couples whose marriages were concluded before 2000, as well as those married after 2000, are required to register them.

READ: Explainer | What the ConCourt ruling means for customary marriages

Sanlam Trust’s Adv Sankie Morata says registration is important when it comes to proving the existence of a marriage during a life-changing event.

"In the past it has become difficult to prove the existence of a particular marriage in a death or divorce," he said. 

Morata says couples who have not yet registered their marriage should visit their nearest Home Affairs office.

Who must register?

According to Morata, couples who have paid lobola or met all the requirements of their respective cultures and traditions must register their marriages.

This ensures that both parties have legal documentation proving the union and can provide spouses with greater protection in the event of a life-changing event.

READ: ConCourt rules antenuptial contracts after customary marriage invalid

"We have seen in the past where deceased estates take a long time to wrap up because parties or the surviving spouse still has to prove their marriage," says Morata.

"It is quite cumbersome and often needs a court process which can be costly," he adds.

The matter can become even more complicated when people who were present during the initial lobola negotiations are themselves deceased or reluctant to become involved in court proceedings.

Morata says registering a customary marriage is an important part of estate planning.

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