Marriage and Matrimonial Property

 

 

 

 Yes, if they are also registered as a marriage officer.

Yes, in a similar way to how marriiage works. 

A person authorized by the state to conduct civil unions/marriages.

Legally, there is no difference. Both offer the same rights and responsibilities. The choice is primarily one of personal preference.

 You can get married or enter into a civil union in South Africa at the following locations

  • Home Affairs Offices: These are government offices that handle civil marriages, customary marriages, and civil unions.   
  • Churches or Religious Buildings: If you want a religious ceremony, you can get married in a church or other building used for religious services, provided the officiant is an authorized marriage officer.   
  • Other Venues: With permission, you can also get married in places like a private home, a public office, or even a hospital if someone is seriously ill.   


It's important to remember that the marriage officer conducting the ceremony must be authorized by the Department of Home Affairs.

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Civil Unions

"The one unshakeable criterion [for reform] is that the present exclusion of same-sex couples from enjoying the status and entitlements coupled with the responsibilities that are accorded to heterosexual couples by the common law and the Marriage Act, is constitutionally unsustainable.". 

What is a Civil Union? 

In South Africa, a civil union, as defined by the Civil Union Act, 2006, is a legally recognized, voluntary partnership between two people, regardless of gender. This Act legalized same-sex marriage, giving couples the choice to enter into either a marriage or a civil partnership, both of which offer the same legal status, rights, and responsibilities as a traditional marriage.

Understanding Civil Unions in South Africa: Marriage and Civil Partnerships

The Civil Union Act 17 of 2006 revolutionized relationship recognition in South Africa, offering legal pathways for both same-sex and opposite-sex couples to formalize their unions.  At Aucamp Attorneys, we understand that navigating these options can be complex. This page clarifies the different types of civil unions available under South African law, helping you understand your choices.

Types of Civil Unions Under the Civil Union Act

The Civil Union Act provides for two distinct, yet legally equivalent, types of formalized relationships

1. Civil Marriages

  • The Act defines a specific form of "marriage" that is open to both opposite-sex and same-sex couples.
  • This form of marriage carries the same legal status, rights, and responsibilities as marriages concluded under the Marriage Act.
  • To enter into a civil marriage, both individuals must be at least 18 years of age. Unlike the Marriage Act, there are no exceptions for individuals under 18 to marry.

2. Civil Partnerships

Recognizing that not all couples wish to identify their union as a "marriage," the Civil Union Act also provides for "civil partnerships."
These partnerships are available to any two people in a committed, monogamous relationship, regardless of their gender.
Civil partnerships offer a legally recognized framework for couples who may:

  • Prefer to formalize their relationship legally but do not wish to use the term "marriage."
  • View "marriage" as an institution traditionally associated with heterosexual couples and seek an alternative that better reflects their understanding of their relationship.
  • Desire a union that allows them to define the social meaning and expectations of their relationship more personally, outside of traditional marital norms.
  • Like civil marriages, individuals entering into a civil partnership must be at least 18 years old.

Key Considerations

  • Equal Legal Recognition It's crucial to understand that both civil marriages and civil partnerships under the Civil Union Act are granted full legal recognition in South Africa. They offer the same rights, responsibilities, and legal protections as marriages under the Marriage Act.
  • Choice and Meaning The Civil Union Act empowers couples to choose the type of union that best reflects their relationship and their personal understanding of commitment, while ensuring legal security and recognition.
  • Age Requirement The Act sets a minimum age of 18 for both types of civil unions, without exceptions for younger individuals.

Are You Eligible for a Civil Union in South Africa?

Thinking about entering into a Civil Union in South Africa?  Whether you're considering a civil marriage or civil partnership, the Civil Union Act 17 of 2006 sets out specific requirements you need to meet.  Aucamp Attorneys provides a clear overview of these prerequisites to help you understand your eligibility.

Key Requirements for Registering a Civil Union:

To legally register a Civil Union in South Africa, both partners must:

  • Be 18 Years or Older  Both individuals must be at least 18 years of age to enter into a civil union. There are no exceptions for younger individuals, unlike in the Marriage Act.
  • Be Entering a Monogamous Union You can only be married to or in a civil partnership with one person at a time.  South African law prohibits polygamy in the context of Civil Unions and the Marriage Act.
  • Not Be Already Married or in Another Civil Union  You cannot enter into a Civil Union if you are already married under the Marriage Act, the Recognition of Customary Marriages Act, or in an existing Civil Union.
  • Provide Proof of Termination of Prior Unions (If Applicable) If you were previously married or in a civil union, you must provide official proof that the prior union has legally ended. This requires presenting a certified copy of a divorce order or a death certificate of your former spouse or partner.
  • Not Be Prohibited by Law from Marrying (Aside from Gender)  The Civil Union Act states that you must be eligible to marry each other under the Marriage Act or Recognition of Customary Marriages Act, if you were of different sexes.  This means the usual prohibitions on marriage due to close family relationships (e.g., incest) still apply to civil unions.  The key change is that being the same sex is not a barrier to entering into a civil union.
  • Have Valid South African Identity Documents  Both partners will need to present valid South African identity documents to register their civil union.

Important Points to Remember

  • Equal Legal Status Civil marriages and civil partnerships registered under the Civil Union Act have the same legal status, benefits, and responsibilities as marriages under the Marriage Act.
  • Conducted by Authorized Officials Civil Unions are registered by authorized Civil Union Officers, who include magistrates, designated government officials, special justices of the peace, and authorized ministers of religion (with permission from the Department of Home Affairs).

Need to Confirm Your Eligibility or Start the Registration Process?

Understanding the legal requirements for a Civil Union is the first step. Aucamp Attorneys can provide personalized advice and guidance to ensure you meet all the prerequisites and navigate the registration process smoothly. Contact us today for assistance.

Need Guidance on Civil Unions?

Choosing the right legal framework for your relationship is a significant decision.  If you are considering a civil union in South Africa and need legal advice to understand your options and ensure your rights are protected, contact Aucamp Attorneys today. We can provide clear guidance and support throughout the process.