A brief history of marriage in South Africa

Ever wondered how we got to where we are in our contemporary view of marriage and particularly the rights of married women?

1652 Dutch settlers bring Roman-Dutch law of marriage and divorce to the Cape. Upon marriage, spouses estates are combined and are administered by the husband. Upon divorce, estate split equally (unless “guilty” party ordered to forfeit). Antenuptial contracts allowed couples to amend this structure

1935 Age of marriage raised from 14 to 18 years for boys and from 12 to 16 years for girls

1949 Prohibition of Mixed Marriages Act passed—marriage between whites and non-whites outlawed.

1953 The first dent in husband’s marital power. Wife married in community of property now protected against alienation of her immovable property by husband. Also allowed control over her own earnings and to open banking ac-counts unassisted

1970 Marriage age for girls decreased to 15 years (this remains the marriage age for girls in SA today). Minors (under 18s) require their parents’ consent to marry. Boys under 18 and girls under 15 also require consent from the Minister of Home Affairs to marry. Also, the requirement of banns and marriage licenses abolished

1979 Main ground of divorce changed from “guilt” to “irretrievable breakdown”

1984 Husband’s marital power over wife and joint estate abolished, replaced by “joint administration”. Accrual system introduced for marriages out of COP. New laws do not apply to black people

1985 Mixed Marriages Act scrapped. Inter-racial marriages now legal again

1992 Domicile Act allows married woman to acquire her own legal domicile. Previously she automatically acquired domicile of her husband

1993 Husband’s legal status as “head of the household” is abolished
1994 Husband’s status as sole guardian of a married couple’s children removed. Now husband and wife both guardians

2000 Recognition of Customary Marriages Act takes effect recognising and regulating traditional customary marriages

2006 Civil Union Act takes effect, allowing any two people irrespective of their gender or sexual orientation to marry by “civil union”. Marriage in terms of the Marriage Act remains limited to heterosexual couples