New Marriage Bill

What can we expect?

In 2025, a new Marriage Bill is poised to rewrite decades of family law in South Africa. Initially introduced in December 2023, this landmark legislation aims to consolidate the Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998, and the Civil Union Act of 2006 into a simplified, inclusive marriage framework.

What’s changing?

The Bill seeks to unify the marriage structure in South Africa. The Bill brings civil, religious, customary, same‑sex, monogamous, and even polygamous marriages under one legal statute, giving clarity and consistency across all types of unions. Polyandry – the practice of a woman having more than one husband – is being debated, but it remains highly controversial and is still under consultation.

A default property regime will provide rights to spouses in life partnerships who previously lacked formal property rights.

Designation of new marriage officers, standardised registration rules, and updated solemnisation procedures are included to simplify the bureaucratic process.

Current status and timeline

As of March 2025, the Bill remains in the public hearings phase, with input still being gathered, especially from religious and minority communities such as Muslim groups, in light of the Constitutional Court’s extension until June 2026 to address the invalidity order regarding Sharia marriages.

Broader trends

South Africa’s Marriage Bill reflects a global shift toward rethinking marriage laws. While we were the fifth country in the world to formally recognise same-sex marriage, countries like Thailand and Liechtenstein have followed suit more recently – Thailand from 23 January 2025 and Liechtenstein from 1 January 2025 – showing that marriage equality is gaining momentum.

Child marriage is still a concern in some developing nations but is slowly – and thankfully – being phased out. In Pakistan, a recent national bill banning child marriage and raising the minimum age to 18 stands out as a major protection milestone. The new Marriage Bill will also raise the minimum age for marriage in South Africa to 18. Currently, both parties in civil marriage must be 18 or above, but a minor may be married in a customary marriage if both parties’ parents or guardians consent.

What can we expect?

The new Bill introduces inclusive legal recognition. We are likely to see a surge in legally recognised marriages across diverse cultural and religious practices, with improved legal clarity for customary unions. In terms of property and inheritance, new default regimes could reshape asset distribution, especially for couples who previously lacked formal marriage or property agreements.

Public scrutiny and input from religious and minority groups may lead to amendments. Polygamy and polyandry remain contentious.

The Bill aims to modernise and simplify the legal framework around marriage. A single streamlined regime will likely increase accessibility and reduce administrative burdens for all marriage types.

South Africa’s Marriage Bill, 2023 promises a sweeping overhaul, unifying different forms of marriage, expanding rights, and modernising legal structures. While public consultations continue through mid‑2026, the Bill signals a bold leap toward legal inclusion, equality and clarity in marriage law.

Cape Town family lawyer can help

SD Law & Associates are experts in family law, based in Cape Town, Johannesburg and Durban. If you need advice about the Marriage Bill changes or any aspect of marriage or divorce, whether civil, customary, or Muslim, we can help. Contact us or call 086 099 5146 or email sdippenaar@sdlaw.co.za

Further reading:

• New marriage laws for SA – Here is what you need to know
• ConCourt grants extension to GNU for Marriage Act amendment
• Reforms to marriage laws on the way

Simon Dippenaar

Founder & Managing Partner, SD Law

Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

Read articles