Marriage in South Africa

In South Africa, marriage exists in a number of different forms, as a result of the diversity of religions and cultures in the country. A man in South Africa may have more than one spouse but a South African woman may only have one spouse.

Historically, the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples. However, this has evolved considerably in recent years.

Since 1998, the law has recognised marriages, including polygynous marriages, conducted under African customary law, as well as religious laws such as Islamic law.

In 2006, the South African constitutional court ruled in favour of recognizing same-sex marriage. South Africa was the world's 5th country to legalize same-sex marriage, in keeping with the nation's social democratic constitution and politics.

South Africa is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction. South Africa outlawed marital rape in 1993.

The number of individuals in South Africa who are choosing to get married or cohabitate as partners is declining. According to the 2022 census, 62.2% of South Africans had never been married - an increase of 8.2% compared to the 2011 census. In 2022, 24% of South Africans were legally married, compared to 29.9% in 2011 - a 5.9% decrease in 10 years.