Recognition of Customary Marriages Act, 1998

Recognition of Customary Marriages Act, 1998
Parliament of South Africa
  • Act to make provision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.
CitationAct No. 120 of 1998
Territorial extentRepublic of South Africa
Assented to20 November 1998
Commenced15 November 2000
Related legislation
Marriage Act, 1961
Divorce Act, 1979
Matrimonial Property Act, 1984
Status: In force

The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. The act was signed by President Nelson Mandela on 20 November 1998 but only came into force on 15 November 2000.