Couples who are married under customary law but have not yet registered their unions have until 31 August to do so.
Under the Recognition of Customary Marriages Act, customary marriages are legally recognised and protected in the same way as civil marriages. Couples whose marriages were concluded before 2000, as well as those married after 2000, are required to register their unions.
Sanlam Trust’s Adv Sankie Morata says registration is particularly important when couples need to prove the existence of their marriage during major life events such as divorce or the death of a spouse.
“Historically, it has become difficult to prove the existence of a particular marriage in a death or divorce,” Morata said.
He urged couples who have not yet registered their customary marriages to visit their nearest Home Affairs office.
According to Morata, couples who have paid lobola or fulfilled the requirements of their respective cultures and traditions should ensure their marriages are formally registered.
Registration provides spouses with official documentation confirming their union and can offer greater legal protection, particularly when dealing with deceased estates.
“We have seen in the past where deceased estates take a long time to wrap up because parties or the surviving spouse still has to prove their marriage,” Morata said.
He warned that establishing the existence of a customary marriage after a spouse’s death can become complicated and may require court proceedings, which can be costly and time-consuming.
The situation can be even more difficult when people who witnessed or participated in the original lobola negotiations have since died or are unwilling to become involved in legal proceedings.
Morata said registering a customary marriage should therefore be viewed as an important part of estate planning.
Couples who have not yet registered their customary marriages are encouraged to approach the Department of Home Affairs before the 31 August deadline.