Same sex marriages in South-Africa in terms of the Civil Union Act

The Civil Union Act 17 of 2006 was a landmark piece of legislation, making South Africa the first country in Africa and the fourteenth in the world to grant same-sex couples the same legal rights, status, and responsibilities as heterosexual couples. This Act ensures that the constitutional rights to equality and dignity are fully realised for all citizens. At Louwrens Koen Attorneys, we provide expert Notarial services for couples entering into civil unions, ensuring their Antenuptial Contract (ANC) is correctly registered to protect their financial future.

Understanding the Civil Union Act

The Civil Union Act operates alongside the Marriage Act of 1961 and the Recognition of Customary Marriages Act of 1998. It is specifically designed to be inclusive, offering a legal framework for both same-sex and opposite-sex couples who prefer this regime.

Key Requirements for a Civil Union:

  • Age: Both parties must be 18 years or older.
  • Legal Status: Both parties must be legally eligible to marry (e.g., not already married under another Act).
  • Solemnisation: The union must be solemnised by a designated marriage officer. This includes state officials (Home Affairs) and authorised ministers of religion from designated organisations.

Marriage vs. Civil Partnership

One unique feature of the Civil Union Act is the choice of terminology. Upon registration, couples can choose whether their union is recorded as:

  1. A Marriage
  2. A Civil Partnership

Regardless of the term chosen, the legal consequences are identical. Both options provide full recognition under South African law, including rights related to inheritance, medical aid, and property ownership.

Proprietary Consequences: Why an ANC is Critical

Just as in traditional civil marriages, a union under the Civil Union Act is automatically in the Community of Property unless the parties execute an Antenuptial Contract before the ceremony.

  • Asset Protection: An ANC ensures that your assets and debts remain separate, protecting you from your partner's creditors.
  • The Accrual System: Most couples in civil unions choose to marry Out of Community of Property with Accrual, allowing them to maintain financial independence during the marriage while ensuring a fair split of growth upon dissolution.
  • Professional Registration: To be valid against third parties, your ANC must be registered at the Deeds Office within three months of signing.

Expert Notarial Services for All Couples

With over 10,000 couples assisted, Louwrens Koen Attorneys is a leading voice in South African matrimonial law. Our offices at Loftus Versveld, Pretoria, offer a safe, professional, and inclusive environment. You can apply online today to secure a fixed-fee Antenuptial Contract for R1,900.


[Apply Online for your Civil Union ANC - R1,900] | [Contact with a Notary]