Marriage Act, 1961 (South Africa)
| Marriage Act, 1961 | |
|---|---|
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| Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. | |
| Citation | Act No. 25 of 1961 |
| Territorial extent | South Africa |
| Enacted by | Parliament of South Africa |
| Date assented to | 19 April 1961 |
| Date commenced | 1 January 1962 |
| Related legislation | |
| Civil Union Act, 2006 | |
| Status: In force | |
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament.
The Marriage Act is not the only law under which a marriage may be contracted. The Recognition of Customary Marriages Act, 1998 recognises marriages under African customary law as valid marriages, though they are not legally identical to marriages under the Marriage Act. The Civil Union Act, 2006 allows for inter alia same-sex marriages which are legally equivalent to marriages under the Marriage Act.
Before 1961, the law of marriage in South Africa was based on the law of the four colonies that had been united in the Union of South Africa, and therefore differed between the provinces. The Marriage Act was enacted to consolidate the law and make it uniform across the country. The act has been amended several times since 1961, most notably in 1970 when banns of marriage were abolished.
A marriage may be performed only by a marriage officer. All magistrates and justices of the peace are automatically marriage officers. The Minister of Home Affairs (or an official authorised to act on behalf of the Minister) can appoint other civil service employees as marriage officers. In practice, many employees in local offices of the Department of Home Affairs are appointed as marriage officers.
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