Surnames and Identity in South African Marriage: Know Your Choices

One of the most personal decisions a couple makes after saying "I do" is which surname they will use. While social customs traditionally favoured the wife adopting the husband’s name, South African law has evolved significantly to reflect the principles of gender equality.Recent legal precedents have dismantled old restrictions, ensuring that both spouses—regardless of gender—have the freedom to choose how they are identified in their professional and private lives.

The Wife’s Choice: Maiden Names and Double-Barrels

Under the Births and Deaths Registration Act, a wife has full legal autonomy over her surname. She is not legally required to adopt her husband’s name. Her options include:

• Assuming the husband’s surname: The traditional "social custom" of adopting the partner's family name.
• Retaining her maiden name: Common for professionals (doctors, lawyers, etc.) who wish to maintain their established professional identity.
• Double-barrelling: Joining her maiden name with her husband’s surname with a hyphen (e.g., Smith-Jones).
• Using a previous surname: A woman may revert to or keep any surname she bore prior to the current marriage.

These rights extend equally to women married under the Marriage Act, the Civil Union Act, the Recognition of Customary Marriages Act, and those in marriages concluded according to Islamic or Indian religious rites.

New Precedent: The Husband Can Take the Wife's Surname

In a landmark shift for gender equality, the legal landscape regarding husbands' surnames has changed. Previously, a husband could only adopt his wife’s surname by making a formal, complex application to the Director-General of Home Affairs.The New Legal Standard:Following recent court challenges and evolving Department of Home Affairs directives, the law now recognises that preventing a man from taking his wife’s surname is a form of unfair discrimination.

• Equality in Practice: Husbands may now opt to take their wife's surname or create a double-barrelled surname at the time of marriage, similar to the process available to wives.
• Identity Freedom: This ensures that couples can choose a family name that best represents their joint identity, without being restricted by outdated gender roles.

What About the Children?

While the parents have significant flexibility regarding their own names, the Births and Deaths Registration Act typically defaults to the children taking the father’s surname. However, parents can choose to register the child under the mother’s surname or a double-barrelled combination of both, provided both parents consent at the time of birth registration.

Practical Tips for Changing Your Surname

1. Home Affairs Registration: When you register your marriage, ensure you indicate your choice of surname on the marriage register.
2. Passports and IDs: Once your marriage is recorded on the National Population Register, you will need to apply for a new ID book and passport to reflect your chosen name.
3. Third-Party Notification: You must manually notify banks, insurance companies, and professional bodies of your name change.

Expert Guidance for Your New Beginning

At Louwrens Koen Attorneys, we understand that your name and your assets are the core of your identity. Since your choice of marriage regime (ANC) is often decided at the same time as these identity choices, we offer a comprehensive Online ANC Application for a fixed fee of R1,950.