Customary Marriages

There is a lot of uncertainties and inconsistencies regarding customary marriages in South Africa. The law around customary marriages continue to be developed on a case by case basis. This is primarily because of the different customs and practices that exist amongst the African people of South Africa.

Customary marriages are concluded in terms of customary law and governed by the Recognition of Customary Marriages Act 120 of 1998 ("The Act").

According to the Act, a valid customary marriage is deemed to be concluded once the following requirements have been complied with:-

1. Both parties are over the age of 18 years;
2. Both parties have consented to the proposed marriage in accordance with customary law; and