Marriage/Divorce | Western Cape Government


Applying for a marriage certificate

A marriage certificate is an official document that proves that you’re married. A spouse can use this certificate to change their registered name with the bank, retails store accounts, and their ID and driver’s licence.

Check your marital status

To prevent fraudulent marriages in South Africa, the Department of Home Affairs allows you to check your marital status via SMS.

Getting Divorced

A married couple can end their marriage through divorce and there are a number of issues that need to be addressed in a divorce, including:  custody of the children access to the children maintenance dividing up property Custody of the children

Getting permission to marry if you are underage

Boys under 18 and girls under 15 cannot get married without special permission and anyone under the age of 21 has to get their parents' permission before they can get married.  

Recognition of Customary Marriages Act

No. 120 of 1998Department of Home Affairs (National) (The Government of South Africa)
This Act provides for the recognition of customary marriages, specifies the requirements for a valid customary marriage and regulates the registration of customary marriages. It sets out some of the consequences of such a marriage including the proprietary consequences and that spouses in a customary marriage have equal status and capacity. It also regulates the dissolution of customary marriages.

SALC Discussion Paper 104: Domestic Partnerships

(Public Information)
This discussion paper considers possible approaches to legally recognising same-sex domestic partnerships and opposite-sex domestic partnerships where the couple has decided not to marry.

SALC Discussion Paper 74: Customary Law Marriage

(Public Information)
This discussion paper considers recommendations for changes to the laws around customary marriages in order to extend the recognition and protections that are enjoyed by civil marriages.

SALC Report on Project 109: Review of the Marriage Act 25 of 1961

(Public Information)
This report highlights the issues around the 1961 Act that need to be considered. It then reviews the discussion and comments contained in and following the Discussion Paper before making a revised recommendation. A draft Bill encompassing these suggestions is appended to the report.

SALC Report on Project 59: Islamic Marriages and Related Matters

(Public Information)
This report considers the proposals made in the Discussion Paper and the public's responses to these. It includes a Draft Bill that encompasses the revised recommendations.

What is Abuse?

(Public Information)