Warning for unregistered married couples in South Africa
The Department of Home Affairs has warned members of the public to register qualifying customary marriages before the special registration period closes on 31 August 2026.
The special registration period started on 1 September 2024, allowing couples in unregistered customary marriages to fix their marital status.
This applies to marriages before the Recognition of Customary Marriages Act was introduced in November 2000, as well as those after that date that were not registered on time.
“The Department urges qualifying couples to register without delay to avoid unnecessary queues as the deadline approaches,” said Home Affairs.
This deadline applies to marriages conducted under African Customary Law, regardless of whether they took place before or after the enactment of the Recognition of Customary Marriages Act in 1998.
Registration is essential for providing legal recognition and documentation, such as a marriage certificate, for these unions.
The Recognition of Customary Marriages Act was enacted to legally recognise marriages under African Customary Law and to address historical gender inequalities.
While marriages entered into after the Act are legally valid if they meet specific criteria, such as both parties being over 18 and consenting, many customary marriages still remain unregistered.
The extension of the deadline offers couples who have not yet registered their customary marriages a final opportunity to do so.
Couples can register at Department of Home Affairs offices or through a traditional leader if no Home Affairs office is available.
To register a customary marriage, both spouses must attend in person and be accompanied by at least one witness from each family.
The following documents need to be presented:
- 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
Once the marriage is registered, it will be officially recognised, and the couple will receive a marriage certificate.
The Department urged traditional leaders, community leaders and civil society organisations to help raise awareness and ensure that affected couples are informed of the approaching deadline.
Unregistered married couples should remain calm
Although the deadline may cause many married couples to feel anxious and frustrated, legal experts have urged people to remain calm.
According to TimesLive, legal experts said that missing the upcoming deadline does not invalidate a couple’s marriage or cause it to lose its legal standing.
“People should not panic. Unregistered customary marriages remain fully valid in the eyes of the law, even after the deadline,” said Customary Law Expert and Lecturer at the University of Venda, Zama Mopai.
“The main consequence is not invalidity, but rather practical difficulties in proving the marriage’s existence when official documents are needed,” said Mopai.
Mopai and other legal experts said that the legal validity of a customary marriage is not dependent on registration.
Registration serves as official evidence, which makes it easier to access benefits and resolve disputes.
Legal experts at Bregman Moodley Attorneys said that a person can still apply to register their customary marriage with the Department of Home Affairs even after a spouse has passed away.
“This secures legal rights for inheritance, pension, and property,” said the group.
The group explained that Home Affairs would require proof of a valid customary marriage, including affidavits from family members, lobola agreements, proof of payment, and photographs.
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