Marriage Act 25 of 1961
The Marriage Act governs the solemnization and registration of civil marriages in South Africa. Enacted in 1961, it prescribes the requirements for a valid civil marriage, including notice, capacity, consent, and formalities. The Act applies to marriages between a man and a woman, though its scope has been affected by the Civil Union Act.
Legal area: Law relating to marriage, divorce, child custody, and domestic relationships.
Year enacted: 1961
Full text: https://www.gov.za/documents/south-africa-marriage-act-25-of-1961
Key Provisions
- Section 3: Publication of intention to marry
- Section 5: Marriage officer and place of marriage
- Section 10: Consent requirements including parental consent for minors
- Section 13: Marriages of persons under age
- Section 21: Registration of marriages
- Section 24: Void and voidable marriages
Significance
The Marriage Act is one of South Africa’s oldest family law statutes. Its scope was expanded to recognize civil marriages of all races under the Recognition of Customary Marriages Act and extended to same-sex couples through the Civil Union Act. The Act continues to govern formal civil marriages in South Africa.