South Africa outlawed marital rape in 1993. According to the 2011 census, 36.7% of South Africans aged 20 or older were married. During the year 2011 a total of 173,215 new marriages were recorded.

What are types of marriages in South Africa?

Three types of marriages are recognised under South African law: civil marriages, customary marriages and civil unions. The solemnisation and registration of these marriages are managed by the Department of Home Affairs.

What is illegal marriage?

Illegal marriage is simply marriage that does not conform to the legal restrictions of marriage present in a specific area. If a person is married in an area that allows a certain type of marriage but then moves to or visits an area where that type of marriage is illegal, the rights of that person may not be upheld.

What are the two types of marriages in South Africa?

South African law recognises three different marriage regimes: Civil Marriages, Civil Unions and Customary Marriages. The Department of Home Affairs manages the registration of these marriages.

What is a civil marriage in South Africa?

What is a civil marriage? It is a marriage that can only be entered into between a man and a woman. A civil marriage will automatically be in community of property, unless an ante nuptial contract is entered into indicating that the marriage will be out of community of property, with or without the accrual system.

What is the difference between a civil union and a marriage in South Africa?

The primary function of this Act was to formalise same-sex weddings. Civil Unions or civil partnerships are often referred to as “same-sex” unions. From a legal perspective, there is really no difference between civil marriage and a civil union. Both enjoy all the rights, protections, and consequences of marriage.

Is it a human right to marry?

Recalling that article 16 of the Universal Declaration of Human Rights states that: (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

What is a common law wife entitled to in South Africa?

In South Africa no matter how long a couple may live together, the law does not recognise common-law marriages as being valid. Their cohabitation (living together) does not create any automatic legal rights and duties between them.