What is a civil marriage in South Africa?

Asked By: BeƱat Kothandaraman | Last Updated: 25th June, 2020
Category: family and relationships marriage and civil unions
4/5 (26 Views . 35 Votes)
It is a marriage that can only be entered into between a man and a woman. A civil marriage will automatically be in community of property, unless the persons enters into an ante nuptial contract indicating that the marriage will be out of community of property, with or without the accrual system.

Click to see full answer


Hereof, what does it mean to have a civil marriage?

A civil marriage is simply one where the marriage ceremony has a government or civil official performing the ceremony. It takes place without any religious affiliation and meets the legal requirements of the state or location of the wedding.

Subsequently, question is, is civil marriage the same as community of property? All civil marriages are automatically in community of property, unless the partners sign an ante-nuptial contract before the marriage. 'In community of property' means that everything the couple own, and their debts, from before their marriage are put together in a joint estate.

Correspondingly, what is the difference between a civil union and a marriage in South Africa?

Legally speaking, however, there is no difference between the two and the rights and obligations afforded to all couples in the Civil Unions Act are the same as those afforded to only heterosexual couples in terms of the Marriages Act.

What are types of marriages in South Africa?

Three types of marriages are recognised under South African law: civil marriages, customary marriages and civil unions. You can apply for a copy of the marriage certificate from the Department of Home Affairs if you have been married in South Africa and your marriage is registered.

38 Related Question Answers Found

Why is civil marriage important?

Civil marriage is translated by a contract with mutual conditions from the two parties. Therefore, men and women are both equal and they get to set their own terms in the agreement. Unlike religious marriages, civil marriage doesn't cause injustice to women and provides both individuals twith heir earned rights.

How much is a civil wedding?

The fee for the civil ceremony is $35. Ceremonies are pre-paid and the fee is non-refundable. Ceremony Appointments are scheduled AFTER purchasing the marriage license. Most couples schedule and pay for the marriage ceremony at the time of purchasing the license.

How do you know if you married in community of property?

By default, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share.

What is the difference between civil and religious marriage?

The main difference between marrying in a religious or civil ceremony is that a religious ceremony is about being wed in the eyes of God (or whichever deity you believe in), while a civil ceremony is about being wed in the eyes of the law.

Where can I get a civil marriage?


Civil ceremonies can take place in a registry office, or Registrars can travel to perform civil ceremonies in an approved room or venue. An additional fee is charged for a civil marriage held in a venue other than a registry office. Ceremonies can only take place within the office working hours of the Registrar.

What are the three types of marriage?

On the basis of number of mates marriage may be classified into three types such as Monogamy, Polygamy and Endogamy or group marriage.

What is the difference between a civil marriage and a customary marriage?

A customary marriage and a civil marriage are both types of legal marriages. Either can be registered at Home Affairs. A civil marriage is a marriage contracted between two parties under the Marriage Act. People can register their marriage according to customary law or civil law but not both.

What are the requirements to get married by civil?

Civil Wedding Ceremony Requirements
Typically the requirements are a photo ID, birth certificate, and proof of citizenship or passport, also if you have been married before you need to provide proof or divorce.

What is a civil partnership between man and woman?

A civil partnership is a legally recognised relationship between two people and offers many of the same benefits as a conventional marriage. It was introduced in 2004 by the Labour Government under the Civil Partnership Act applying to same-sex couples over the age of 16.

Can a married person enter into a civil partnership?


Same sex couples can enter into a civil partnership agreement which is the equivalent of an engagement to marry. However, the civil partnership agreement does not have contractual effect and parties will not acquire the same rights, responsibilities and obligations as entering into and registering a civil partnership.

Who can perform a civil partnership?

A civil partnership is a legal relationship which can be registered by two people who aren't related to each other. Civil partnerships are available to both same-sex couples and opposite-sex couples. Registering a civil partnership will give your relationship legal recognition.

What are the benefits of a civil union?

A civil union there does not provide federal protections or responsibilities otherwise offered to married couples. Examples include Social Security survivors' and spousal benefits, immigration rights associated with marriage, and the right to file joint federal tax returns.

What is the meaning of common law wife?

What is Common Law Marriage: A Definition. A common law marriage is one in which the couple lives together for a period of time and holds themselves out to friends, family and the community as "being married," but without ever going through a formal ceremony or getting a marriage license.

How would you describe an open relationship?

An open relationship is one where an established couple has mutually agreed to share a non-monogamous lifestyle. This includes either or both parties having other sexual and/or romantic partners. This type of relationship is carried out with the consent and knowledge of all parties involved.

How long does it take to get certified marriage license?


A certified copy of a Confidential Marriage Certificate is available to the couple 10 business days after the signed marriage license is filed with the agency. They must file an application form and present valid photo identification to obtain it. The wait time in person is about 20 minutes.

Can straight couples get a civil union?

Civil unions grant most or all of the rights of marriage except the title itself. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only.

How many types of marriage do we have?

In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected).