Every year, thousands of South Africans enter into customary marriages. While some register them with the Department of Home Affairs soon after the ceremony, many others only do so years later or not at all. For most couples, it makes little difference while both spouses are alive. But if a spouse passes away, not having an official marriage certificate can make an already difficult time significantly harder for the family left behind.
The Home Affairs special registration process for unregistered customary marriages closes on 31 August 2026. Louise Danielz, Chief Operating Officer of Sanlam Trust, encourages couples in customary unions to view the deadline as an estate planning priority rather than simply a bit of personal admin.
The process, which commenced on 1 September 2024, applies to customary marriages concluded before the Recognition of Customary Marriages Act came into effect in November 2000, as well as marriages entered into afterwards that were never registered within the prescribed period. It allows eligible couples to register their marriage and obtain an official marriage certificate before the registration window closes.
"Many people assume registration is simply about complying with the law," says Danielz. "In reality, it's about making life easier for a surviving spouse. A marriage certificate provides official proof of the marriage and can help reduce delays and uncertainty at a time when your loved ones are grieving and having to deal with loss."
A valid marriage and a registered marriage are not the same thing
One of the biggest misconceptions about customary marriages is that an unregistered marriage is not legally recognised. That is not the case.
A customary marriage that meets the legal requirements remains valid even if it has never been registered. However, registration provides official documentary proof of the marriage, making it far easier for surviving spouses to establish their legal status when dealing with the deceased estate, financial institutions or government departments.
"When someone dies, one of the first documents an executor or financial institution may ask for is a marriage certificate," Danielz explains. "If there isn't one, a surviving spouse may have to prove the existence of the marriage through affidavits, witnesses and other supporting evidence. That process can take time and, in some cases, lead to disputes that could have been avoided."
The impact on surviving spouses
An unregistered customary marriage does not automatically prevent a surviving spouse from inheriting or receiving a death benefit. However, it can slow the administration of an estate and delay access to financial support while institutions establish the existence of the marriage.
According to Danielz, disputes often arise where family members challenge whether a valid customary marriage existed or where more than one person claims to be the deceased's lawful spouse.
"These disputes are emotionally taxing for families. Registration provides independent documentary evidence that can make it much easier to establish the marriage when it matters most," she says.
Registration is only the first step
While obtaining a marriage certificate is important, Danielz says it should form part of a broader estate plan.
"A marriage certificate proves the relationship. It doesn't replace a will or an estate plan," she says. "Couples should use this opportunity to review their financial affairs to make sure everything is in place to protect the people they care about."
She recommends reviewing:
- your will;
- beneficiary nominations on retirement funds and life insurance policies;
- marital property arrangements, where applicable;
- trust structures and trust documentation;
- ownership of major assets; and
- whether your personal details are accurate and consistent across financial institutions.
Even where someone has a valid will, the executor must still establish who the deceased's lawful spouse is before the estate can be finalised.
Understanding the matrimonial property consequences
The matrimonial property system that applies to a customary marriage also has important implications for estate planning.
A monogamous customary marriage is automatically in community of property unless the couple entered into an antenuptial contract excluding community of property.
Different rules apply to polygamous customary marriages. A husband who wishes to enter into a further customary marriage must first obtain a court-approved contract regulating the matrimonial property system across the marriages. Couples in these circumstances should seek appropriate legal advice to ensure that each spouse's rights are protected.
Before 31 August 2026
Couples who want to register their customary marriage before the deadline should attend a Home Affairs office together with at least one witness from each family. They should take their identity documents, lobola documentation where available and any other evidence supporting the marriage. Home Affairs may request additional supporting information depending on the circumstances.
Where one spouse is unwilling, unavailable or has passed away, Home Affairs could investigate the existence of an unregistered customary marriage depending on the circumstances, and a court may order registration if appropriate.
Danielz encourages couples not to postpone until the final days before the deadline.
"Registering your customary marriage is one of the simplest steps you can take to protect your spouse," she says. "Use this looming deadline as an opportunity to review your entire estate plan. The greatest gift you can leave your loved ones isn't just financial security; it's making sure they can access the support and protection you'd intended for them without having to scale avoidable legal hurdles."
