JOHANNESBURG - Monday is the final day for thousands of couples to register their customary marriages with the Department of Home Affairs.
Couples have had two years to regularise their marriages, including unions entered into before the Recognition of Customary Marriages Act came into effect in November 2000.
READ: Customary marriage registration deadline fast approaching
Home Affairs Deputy Director-General Thulani Mavuso says the extended period was intended to give couples more time to register their customary unions and help clear the registration backlog.
“All of those who were married under customary marriages prior to the legislation had a 12-month period to register,” says Mavuso.
READ: Explainer | What the ConCourt ruling means for customary marriages
After the Act came into effect, couples had three months to register their customary marriages.
The department later extended the registration period to two years to help address the backlog.
Mavuso says couples who have not registered their marriages by the 31 August deadline will still have an additional three months to do so.
Importantly, the failure to register a customary marriage does not mean the marriage is invalid.
However, couples are encouraged to register their unions as this can help protect spouses, particularly when it comes to the division of an estate after a partner’s death.
READ: ConCourt rules antenuptial contracts after customary marriage invalid
Those who do not register their customary marriages may face difficulties proving the existence of the marriage when required to do so.
The department says registration provides legal certainty and can help protect the rights of both spouses.