How to Register a Customary Marriage in South Africa
August 2026 Deadline — Act Now
The Department of Home Affairs issued a final warning on 27 August 2026: the special two-year registration window for unregistered customary marriages closes on 31 August 2026.
If you entered into a customary marriage after 15 November 2000 and have not yet registered it at Home Affairs, you have days left. Future legislation may require registration as a condition of legal validity.
The window was opened on 1 September 2024 under Government Gazette notice GN 5483 (29 October 2024). It does not extend further.
Register before the deadline to protect your rights.
What Is a Customary Marriage In South Africa?
A customary marriage is one “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa.” It is governed by the Recognition of Customary Marriages Act 120 of 1998, which came into operation on 15 November 2000.
Customary marriages are fully legally recognised – equal in standing to civil marriages. A validly concluded customary marriage is not affected by whether it has been registered. But registration is the practical proof of that marriage in disputes over inheritance, pension benefits, maintenance, and divorce.
For same-sex couples or those who prefer a civil route, see the Civil Union Registration guide.
Is Registration Compulsory?
Registration is not a condition of legal validity. A customary marriage that meets the requirements of the Act is legally valid regardless.
But unregistered marriages are harder to prove. Home Affairs registration produces a marriage certificate that banks, pension funds, the Master of the High Court, and government departments will accept without question. Without it, you may need witness testimony, lobola letters, family affidavits, and photographs to establish the marriage – especially after a spouse’s death.
If your marriage was never registered and you are uncertain whether it appears on Home Affairs system, check your marital status before proceeding.
Register. It protects you.
The January 2026 ConCourt Ruling — What Every Customary Marriage Couple Must Know
In VVC v JRM and Others [2026] ZACC 2, handed down on 21 January 2026, the Constitutional Court made a ruling with significant consequences for all customary marriages.
What the case was about: A couple entered a customary marriage in 2011 with no antenuptial contract. By default, they were married in community of property. Before converting to a civil marriage in 2021, they signed an Antenuptial contract (ANC) to change their matrimonial property regime to out of community of property. They later divorced. The question was whether the ANC was valid.
The ruling: The ConCourt held that signing an antenuptial contract after a customary marriage has already been concluded is invalid. The couple remained in community of property throughout. The ANC they signed before the civil marriage ceremony was worthless.
What this means for you:
- If you entered a customary marriage without an ANC, you are married in community of property. You cannot change this by later signing an ANC – not even before a civil marriage ceremony.
- The only way to change your matrimonial property regime after a customary marriage is to apply to the High Court under Section 21 of the Matrimonial Property Act. This requires showing good cause and that no other person will be prejudiced.
- If you are considering converting your customary marriage to a civil marriage, seek legal advice before proceeding. The property consequences carry over.
This ruling directly affects Home Affairs registration. If you register a customary marriage now, you are confirming a marriage that is in community of property from its inception unless a court orders otherwise.
Requirements for a Valid Customary Marriage
For customary marriages entered into after 15 November 2000:
- Both spouses must be 18 years or older
- Both spouses must consent freely to the marriage
- The marriage must be negotiated, entered into, and celebrated in accordance with customary law
Lobola is not a legal requirement for validity – but if paid or agreed, document it. A lobola letter or agreement is useful evidence at registration and in any future legal dispute.
Minors: A person under 18 may enter a customary marriage only with written permission from the Minister of Home Affairs or an authorised officer. If a minor married without permission, the Minister may declare the marriage valid if it is in the interests of the parties.
Who Can Register
Either spouse may apply for registration. In practice, both must attend.
Who must be present at the Home Affairs office:
- Both spouses (with valid SA Smart ID card or green barcoded ID book)
- At least one witness from the bride’s family
- At least one witness from the groom’s family
If either spouse was a minor at the time of the marriage, the parents of that spouse should also attend.
Book your DHA appointment at services.dha.gov.za or see the Home Affairs appointment booking guide.
What Documents to Bring
- Valid SA Smart ID card or green barcoded ID book for both spouses
- Lobola agreement or letter – if available (not compulsory but strongly recommended)
- Affidavits from family witnesses if no lobola letter exists
- Any other evidence of the customary ceremony – photographs, family correspondence
Form BI-1699 (Registration of Customary Marriage) is completed at the Home Affairs office. You do not need to bring it pre-filled.
Not sure what to bring? Use the Home Affairs document checklist to prepare before your visit.
Where to Register
At any Home Affairs office in South Africa.
In areas where there is no Home Affairs office, registration can be done through a designated traditional leader. Contact your local municipal office or traditional authority to identify the designated leader in your area.
What You Receive
Home Affairs will issue an acknowledgement of receipt (Form BI-1700) on the day of registration.
An abridged marriage certificate is issued on the day of registration. An unabridged certificate – required for overseas use, visa applications, immigration purposes, or apostille – takes 6 to 8 weeks and must be applied for separately. See the unabridged marriage certificate guide.
If your marriage was never registered and Form BI-1700 does not have it on the system, see the marriage not registered guide.
Matrimonial Property
All customary marriages with one husband and one wife – entered into before or after the Act – are in community of property by default. Both spouses share equally in all assets and debts.
Following the January 2026 ConCourt ruling, you cannot change this by signing an ANC after the customary marriage. If you want to be out of community of property, the ANC must be signed and registered with a notary before the customary marriage takes place. If you are already married and want to change your matrimonial property regime, you must apply to the High Court under Section 21 of the Matrimonial Property Act.
Children Born of a Customary Marriage
Children born of a valid customary marriage – registered or not – are legitimate under South African law. They have full inheritance rights equal to children of any other marriage.
Birth registration at Home Affairs: Register the child’s birth using Form DHA-24 within 30 days of birth. Both parents’ details will appear on the unabridged birth certificate. The parents choose the child’s surname at registration.
Surname on the birth certificate: The child does not automatically take the father’s surname. The parents decide at registration. If the parents later disagree about the child’s surname, a court order may be required.
If the parents’ customary marriage is unregistered: Home Affairs may still register the birth, but confirming both parents’ details on the birth certificate is easier when the marriage is registered. An unregistered marriage does not make the child illegitimate, but it can complicate birth registration in practice.
Custody and guardianship: Both parents in a registered customary marriage have equal parental rights and responsibilities under the Children’s Act 38 of 2005. This is not a Home Affairs matter – it is a court matter if disputed.
Changing Your Surname After a Customary Marriage
After a registered customary marriage, either spouse may:
- Assume the other spouse’s surname
- Create a double-barrelled surname
- Keep their own surname
This is a notification to Home Affairs – not a formal name change application. No Government Gazette publication, no Director-General approval, no R325 fee. See the name change after marriage guide for the full process.
If you want to change a child’s surname following the marriage, see how to change a minor’s name.
When a Spouse Dies
Step 1 — Report the death to Home Affairs: The death must be reported to Home Affairs within 72 hours. Home Affairs issues a death certificate. See the death certificate reporting process at your nearest Home Affairs office.
Step 2 — Obtain your registered marriage certificate The surviving spouse must present proof of the customary marriage to the Master of the High Court when dealing with the deceased estate. A registered customary marriage certificate is the simplest and most accepted proof.
If the marriage was not registered: You can still approach the Master of the High Court with supporting evidence – lobola documentation, family witness affidavits, photographs, proof of cohabitation. Courts and the Master regularly accept this evidence to establish unregistered customary marriages, but the process is significantly harder and legal assistance is strongly recommended.
Step 3 — Deceased estate at the Master The surviving spouse uses the marriage certificate to apply for letters of executorship (estates over R250,000) or letters of authority (estates under R250,000). The marriage certificate establishes the right to inherit in terms of the Intestate Succession Act if there is no will.
Step 4 — DHA updates the Population Register Once the death is registered, DHA updates the National Population Register. The surviving spouse’s marital status changes to widowed. If the surviving spouse later remarries, they will need the death certificate as part of that process.
Divorce from a Customary Marriage
A customary marriage can only be dissolved by a court order under the Divorce Act 70 of 1979. You cannot simply separate. An informal separation, even if both parties agree, does not dissolve the marriage in law.
The court process: Either spouse applies to the High Court or Regional Court for a divorce order. The court considers division of the joint estate (in community of property), forfeiture of benefits, maintenance, and children’s arrangements.
DHA’s role after divorce: Once the divorce order is granted, DHA updates the National Population Register to reflect the changed marital status. Either spouse can then notify DHA of a surname change using the divorce order and marriage certificate. See the name change after marriage guide for the surname reversion process.
Do not delay registering your divorce: An unregistered divorce order means DHA still shows you as married. This can create complications if you later want to remarry, apply for a passport, or deal with financial institutions.
Converting a Customary Marriage to a Civil Marriage
Under Section 10(2) of the Recognition of Customary Marriages Act, spouses in a customary marriage may marry each other under the Marriage Act or Civil Union Act. Both must appear before a marriage officer.
Critical warning following the January 2026 ConCourt ruling: The matrimonial property regime of the customary marriage carries over to the civil marriage. If no ANC was signed before the customary marriage, the couple remains in community of property after civil conversion. Signing an ANC before the civil ceremony does not change this.
What to bring to the civil marriage officer:
- Your registered customary marriage certificate
- Both parties’ SA ID documents
- Divorce decrees from any previous marriages (if applicable)
DHA’s role: The marriage officer registers the civil marriage and DHA issues a new civil marriage certificate. The customary marriage is not separately dissolved – it is subsumed into the civil marriage.
If you want to convert your customary marriage and also change your matrimonial property regime, you must apply to the High Court under Section 21 of the Matrimonial Property Act before or separately from the civil marriage process. Seek legal advice.
Customary Marriage Certificate Apostille
If you need your customary marriage certificate recognised abroad – for immigration, visa applications, property transactions, or overseas institutions – you will need an apostille.
The process:
- Obtain your unabridged customary marriage certificate from DHA (6 to 8 weeks)
- Submit it to DIRCO (Department of International Relations and Cooperation) for apostille
- DIRCO stamps the apostille, which authenticates the DHA certificate for international use
See the marriage certificate apostille guide for the full process and DIRCO contact details.
Polygynous Customary Marriages
The Act recognises marriages with more than one wife. All valid customary marriages existing before 15 November 2000 are recognised regardless of how many wives.
For marriages entered into after the Act:
- A husband already in a customary marriage may not enter into another without first obtaining a court order regulating the matrimonial property system of all his marriages
- The court order must ensure fairness among all spouses
- Failure to obtain the order before the subsequent marriage may render that marriage invalid
Frequently Asked Questions
We married in 2008 but never registered. Can we still register? Yes – and you must act immediately. The 31 August 2026 deadline is days away. Bring your IDs, any evidence of the marriage (lobola letters, photographs, family witness affidavits), and attend your nearest DHA office with at least one witness from each family. Book at services.dha.gov.za.
My husband died and we never registered our customary marriage. Can I still prove it? Yes. You can apply to DHA to register a deceased customary marriage, or approach the Master of the High Court with supporting evidence – witness affidavits, lobola documentation, photographs, proof of cohabitation. Courts and the Master regularly accept oral and documentary evidence to establish unregistered customary marriages. Legal assistance is strongly recommended.
We signed an ANC before our civil marriage but not before our customary marriage. Are we in community of property? Yes, following the January 2026 ConCourt ruling in VVC v JRM. The ANC signed before the civil ceremony does not change the matrimonial property regime established by the customary marriage. You remain in community of property unless a court orders otherwise under Section 21 of the Matrimonial Property Act.
My spouse refuses to come to DHA with me to register. What do I do? Both spouses must be present. If your spouse refuses, you may need to seek a court order compelling attendance or establishing the marriage through court process. Seek legal advice.
Does customary marriage give my children inheritance rights? Yes. Children born of a valid customary marriage are legitimate and have the same inheritance rights as children of any other marriage.
Is lobola required for the marriage to be legally valid? No. The Act does not require lobola for validity. The marriage must be negotiated and celebrated according to customary law – lobola is evidence of that process but is not the only evidence.
Can I get an unabridged marriage certificate for a customary marriage? Yes. An abridged certificate is issued on the day of registration. Apply separately for an unabridged certificate at any DHA office. It takes 6 to 8 weeks. See the unabridged marriage certificate guide.
Can I change my surname after a customary marriage? Yes. Either spouse may assume the other’s surname, use a double-barrelled surname, or keep their own. It is a notification to DHA – no Gazette, no fee beyond the new Smart ID cost. See the name change after marriage guide.
What happens to my customary marriage if I emigrate? Your customary marriage remains registered in South Africa. Whether it is recognised in your destination country depends on that country’s law. An apostilled unabridged certificate is the document most countries require. See the marriage certificate apostille guide.
Can a foreign national be party to a customary marriage? South African law does not restrict customary marriage to South African citizens. However, a foreign national party to a customary marriage will need their identity documents confirmed by DHA. Additional documentation may be required. Confirm with your nearest DHA office before attending.
Contact Details
| DHA Contact Centre | 0800 60 11 90 |
| DHA Email | hacc@dha.gov.za |
| Appointment booking | services.dha.gov.za |
Related Guides
- How to Get a Marriage Certificate
- Unabridged Marriage Certificate
- Abridged vs Unabridged Marriage Certificate
- Check Your Marital Status
- Marriage Not Registered
- Marriage Certificate Apostille
- Civil Union Registration
- Name Change After Marriage
- Change a Minor’s Name
- How to Book a Home Affairs Appointment
- Home Affairs Document Checklist