Thousands of South Africans who entered into customary marriages but never formally registered them have until August 31 to do so, or risk losing the legal protections that come with recognised marriage.

According to Polokwane Review, the Department of Home Affairs has set the final deadline for all unregistered customary marriages to be officially registered.

The Recognition of Customary Marriages Act 120 of 1998 was introduced to legally recognise marriages based on African customary law and to address historical gender inequalities. While marriages entered into after the act are legally valid if they meet certain criteria, many customary marriages remain unregistered.

Registration provides official legal recognition and documentation, including a marriage certificate. Without it, spouses risk losing:

• inheritance rights if one spouse passes away
• claims to joint property or assets
• legal standing during divorce proceedings
• protection under matrimonial property laws

Failing to register by the deadline could leave spouses – particularly women – without legal protection for property or estates.

How to register

Both spouses must attend a Department of Home Affairs office in person, along with at least one witness from each family. In areas where no Home Affairs office is available, couples can register through a traditional leader.

The following documents are required:

• identity documents of both spouses
• the lobola agreement (if applicable)
• the registration form (BI-1699)
• a valid reason for not registering earlier
• payment of the prescribed fee

If a male spouse is already in a customary marriage and wishes to enter into another, he must first obtain a court order regulating his future matrimonial property system.

Missing the deadline

The government has not explicitly stated that unregistered marriages will automatically become invalid after August 31. However, failing to register a customary marriage can create legal uncertainty and may complicate inheritance, property and maintenance claims.

Couples are strongly urged to visit their nearest Department of Home Affairs office before the deadline to ensure their marriage is legally recognised and their rights are protected.

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