Customary Marriages in South Africa: Legal Validity and the ANC

Customary Marriages in South Africa: Legal Validity and the ANC

"A Legacy of Trust: We register between 700 and 1,100 Antenuptial Contracts every year and have proudly assisted more than 10,000 couples over the years."

The Recognition of Customary Marriages Act 120 of 1998 brought profound changes to South African law by granting full legal recognition to marriages concluded according to indigenous traditions. Whether you are planning a monogamous or polygamous union, understanding the legal formalities is essential to protecting your assets.At Louwrens Koen Attorneys, we specialise in helping couples transition from customary rites to a legally secure Antenuptial Contract (ANC). Our streamlined digital process allows you to secure your property rights under the Matrimonial Property Act from the comfort of your home.

Essential Requirements for Validity

For a customary marriage to be legally recognised, the requirements vary depending on when the union was concluded:

Marriages Concluded Before 15 November 2000

These marriages only need to be valid according to Customary Law to be recognised today.

Marriages Concluded From 15 November 2000 Onwards

To be valid under South African law, these unions must meet the following criteria:

• Traditional Observance: The marriage must be negotiated, entered into, or celebrated in accordance with customary law (e.g., the completion of lobola negotiations).
• Age and Consent: Both spouses must be over 18 years of age and must both freely consent to the marriage.
• Minors: If a spouse is a minor, consent must be obtained from both parents or a legal guardian. If refused, a High Court Judge must be approached for consent.
• No Existing Civil Marriage: You cannot enter into a customary marriage if you are already in a civil marriage with someone else.

The Registration Process

Registration is a critical step in proving the existence of the marriage for insurance, inheritance, and ANC purposes.

• Timeline: Marriages concluded after 15 November 2000 should ideally be registered within 3 months.
• Where to Register: Spouses can approach any Department of Home Affairs office or a designated Traditional Leader.
• Who Must Attend: Both spouses, at least one witness from each family, and/or the family representatives must be present. If a spouse was a minor at the time of the marriage, the parents must also attend.

Proprietary Consequences: Why You Need an ANC

Many couples do not realise that a customary marriage is automatically In Community of Property unless a valid Antenuptial Contract is signed before the final traditional rites (such as the handing over of the bride) are completed.

• Protecting Your Assets: If you have already started the lobola process but have not finished the traditional celebrations, you can apply online today to sign an ANC. This ensures you are married Out of Community of Property.
• Further Marriages: A husband wishing to enter into an additional customary marriage must obtain a High Court order to regulate the matrimonial property system of all his marriages. Failure to do so can lead to severe legal complications.

Expert Guidance for Customary Unions

With over 10,000 couples assisted, Louwrens Koen Attorneys understands the delicate balance between traditional customs and modern law. You do not need to wait; you can apply online now to ensure your customary union is supported by a robust, registered ANC. We offer a fast, professional service for a fixed fee of R1,950.[Apply Online for Your Customary ANC - R1,950] | [Contact with a Pretoria Notary]