1. Civil Marriages

This is the kind of marriage most people are familiar with. You’ll usually see couples tying the knot in a church, a garden venue, or at Home Affairs. It’s governed by the Marriage Act of 1961, and it’s open to opposite-sex couples only.

Here’s the catch: unless you sign an antenuptial contract (ANC) before getting married, your union will automatically be considered in community of property. That means everything you own (and owe) is shared. No yours or mine—just ours.

If you’d rather keep what’s yours, well, yours (and vice versa), you’ll need an ANC drawn up by a notary, which places you out of community of property. There’s even an option to include the accrual system, which basically means you each keep what you had before the marriage, but you share in what you build together during the marriage. It’s a fair middle ground for many.

A hybrid option is out of Community of Property with Accrual where each spouse keeps their separate estate during the marriage, but whatever value is accrued during the marriage is split equally at divorce or death. Assets owned before the marriage (or inherited) are excluded, unless specified otherwise.

2. Civil Unions

These came into play with the Civil Union Act of 2006, which recognises both same-sex and opposite-sex couples. Civil unions are essentially marriages with equal legal status, just under a different piece of legislation.

The cool thing? Couples can choose to call it a marriage or a civil partnership. And yes, the same property rules apply—you’ll still need to decide between in or out of community of property and whether you want accrual or not.

3. Customary Marriages

These are marriages concluded under African customary law. They’re deeply rooted in tradition, culture, and community. Think lobola negotiations, family involvement, and ceremonies that reflect the heritage of the couple.

Customary marriages are legally recognised in South Africa if they meet certain requirements—like being negotiated and entered into according to the traditions of the parties involved. And they must be registered at Home Affairs (though failure to register doesn’t make the marriage invalid—it just complicates things later, especially in the event of divorce or death).

Important note? Customary marriages are automatically in community of property unless an ANC is signed.

Also, polygamous marriages (where a man marries more than one wife) are allowed under customary law—but only if the proper legal and cultural procedures are followed.

4. Religious Marriages

Here’s where it gets a bit tricky. Religious marriages—like those performed under Islamic, Hindu, or Jewish rites—are not automatically recognised as legal marriages in South Africa unless they’re registered as civil or customary marriages too.

This is especially important for women in religious marriages, who may find themselves with limited legal protection during a divorce or if their spouse dies. That’s why legal registration is vital, even if you’ve had a beautiful nikkah or traditional temple ceremony.

Conclusion

Here’s why it all matters.

Understanding the type of marriage you’re in (or considering) affects more than just your wedding budget— it shapes how your assets are shared, what happens in the event of death or divorce, and even your rights as a spouse.

I often say marriage is both a love contract and a legal one. Many of us focus on the romance (and rightfully so), but the legal part deserves just as much attention. Especially because when things fall apart, it’s the legal details that often bite.

Before I ever signed my own divorce papers, I had no idea just how important those little details would become. And now, in my work with women navigating life after divorce, I see it again and again – how a lack of knowledge at the beginning can make the ending even harder than it needs to be.

So, whether you’re in love, engaged, already married, or reflecting on what went wrong, take a moment to understand your legal footing. Trust me, future-you will thank you.