A civil marriage is a legally recognized relationship between two people that can only be entered into between a man and a woman in South Africa. It is the most common type of marriage in South Africa, with around 130,000 people getting married this way each year. A civil marriage will automatically be in community of property, unless an antenuptial contract is entered into indicating that the marriage will be out of community of property, with or without the accrual system.
To enter into a civil marriage, certain formalities must be adhered to, such as that the marriage must be concluded by a marriage officer and in the presence of two witnesses. The marriage must also be registered at the Department of Home Affairs. When you enter into a civil marriage, the marriage officer will issue a handwritten marriage certificate free of charge at the ceremony.
It is important to note that South African law recognizes three different marriage regimes: civil marriages, customary marriages, and civil unions. Customary marriages are entered into between a man and a woman, negotiated and celebrated according to the prevailing customary law in their community. Civil unions, on the other hand, are a type of marriage in South Africa that should be registered and can be entered into by anyone, regardless of their sexual orientation.