Civil Union Act 17 of 2006
The Civil Union Act provides for the recognition of same-sex and opposite-sex partnerships through civil unions. Enacted in 2006 following the Constitutional Court decision in Minister of Home Affairs v Fourie (2005), the Act allows couples to register a civil union either as a marriage or a civil partnership. The Act grants civil unions the same legal status, obligations, and consequences as marriages under the Marriage Act.
Legal area: Law relating to marriage, divorce, child custody, and domestic relationships.
Year enacted: 2006
Full text: https://www.gov.za/documents/south-africa-civil-union-act-17-of-2006
Key Provisions
- Section 2: Definition and scope of civil unions
- Section 6: Registration of civil unions as marriage or civil partnership
- Section 13: Legal consequences of civil unions including property and maintenance
- Section 17: Dissolution of civil unions
- Section 19: Recognition of foreign same-sex partnerships
- Section 22: Marriage officers may decline to solemnize civil unions on religious grounds
Significance
The Civil Union Act was enacted in response to the Constitutional Court’s ruling that the exclusion of same-sex couples from marriage was unconstitutional. It extended full marriage rights to same-sex couples and provided an alternative to civil marriage for opposite-sex couples.