Family Law in South Africa

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South African family law is a dynamic and evolving field that regulates marriage, divorce, parental responsibilities, and children’s rights. The law has undergone fundamental transformation since 1994, driven by constitutional values of equality, dignity, and non-discrimination. The legal framework encompasses multiple marriage regimes, including civil marriages, customary marriages, and civil unions, reflecting South Africa’s diverse cultural and social landscape.

Marriage Law

South Africa recognises three forms of marriage: civil marriages under the Marriage Act 25 of 1961, customary marriages under the Recognition of Customary Marriages Act 120 of 1998, and civil unions under the Civil Union Act 17 of 2006. The Civil Union Act, enacted following the Constitutional Court’s decision in Minister of Home Affairs v Fourie 2006 (1) SA 524 (CC), extended the right to marry to same-sex couples.

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Family Law in South Africa

Introduction

Marriage Law