BIG changes coming for marriage bill laws in SA: Age raised to 18

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South Africa’s marriage laws are on the brink of significant changes with the introduction of the new Marriage Bill which currently awaiting approval from the National Assembly.

This bill seeks to create a single, unified Marriage Act to replace the three existing laws governing monogamous opposite-sex couples, customary marriages, and civil unions.

Those three existing laws fall under the Marriage Act, the Civil Union Act, and the Recognition of Customary Marriages Act.

Objectives of the New Marriage Bill

Consolidation of Laws: The Bill intends to merge three existing laws:
- Marriage Act: Established in 1961, this act governs monogamous marriages between opposite-sex couples.
- Civil Union Act: Passed in 2006, it provides legal recognition for same-sex and civil partnerships, ensuring equal rights regardless of sexual orientation.
- Recognition of Customary Marriages Act: Enacted in 1998, it safeguards the rights of individuals in marriages conducted under customary law.
Child Protection: A critical change includes raising the minimum legal marriage age to 18, aligning with international standards and protecting children’s rights by criminalizing child marriage.
Inclusive Recognition: By acknowledging all forms of intimate partnerships under one legislative framework, the Bill aims to ensure equal treatment and legal protections for all couples, regardless of their marital status.

The proposed bill aims to simplify the complex framework currently regulating these different forms of marriage.

One of the most notable changes is the bill’s alignment with international standards by raising the legal marriage age to 18, making it a criminal offence to marry minors.

Currently, girls 12 and older and boys 14 and older are allowed to get married with the consent of legal guardians, parents or specific officials of the court.

The bill also seeks to modernise outdated provisions, such as those dictating specific times and venues for marriages, ensuring the law aligns with contemporary social norms.

However, it faces criticism, particularly from cultural and religious communities who fear the loss of traditions and the “Westernisation” of customary marriages.

While the bill represents a step towards equality and inclusivity, it raises challenges, especially with polygamous and Muslim marriages.

With significant changes underway, including revisions to matrimonial property regimes, the new Marriage Bill is just the beginning of a broader reform of South Africa’s marriage laws.