According to the Recognition of Customary Marriages Act, customary marriages have the same legal acknowledgement and protections as civil marriages. Couples married under customary law who have not yet registered their marriages have until the 31st of August to do so. Couples who married before and after the year 2000 are required to register their marriages.
Advocate Sankie Morata, from Sanlam Trust, stated that registration is mandatory when it comes to providing the existence of a marriage during a life-changing event.
“It has become difficult to prove the existence of a particular marriage in a death or divorce,” he said.
According to Morata, couples who have met all the requirements of their respective cultures and traditions, and those who have paid lobola must register their marriages. Morata also urged couples who have not yet registered their marriage to visit their nearest Home Affairs office.
This helps both parties with ensuring that they have legal documentation proving their union, and can provide couples with more protection in the event of a life changing event.
“We have seen in the past where deceased estates take a long time to wrap up because parties or the surviving spouse still had to prove their marriage. It is quite cumbersome and often needs a court process which can be costly,” he said.
It gets more complicated when the people who were present at the lobola negotiations are deceased or decline to become involved in court proceedings. Registering customary marriage is an important part of estate planning.
