Marriage Act, 1961 (South Africa)

Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament.

The Marriage Act was enacted to consolidate the law and make it uniform across the country.

(Ministers of other religions can be appointed marriage officers under the Civil Union Act.)

The officer asks each of the parties: Do you, [name], declare that as far as you know there is no lawful impediment to your proposed marriage with [name] here present, and that you call all here present to witness that you take [name] as your lawful [wife/husband]?When each of them has answered "Yes," and have joined hands, the official announces: I declare that [name] and [name] here present have been lawfully married.The officer, the spouses and the witnesses then sign the marriage register, which is sent to the Department of Home Affairs to be recorded.

A person under the age of majority, which was reduced from 21 to 18 by the Children's Act, 2005, cannot marry without the consent of his or her parents or legal guardian.

(This discrimination on the basis of sex predates the Constitution of the Republic of South Africa and may be unconstitutional but has not yet been challenged.)

A person who makes a false statement for the purpose of marriage can be sentenced as if he or she had committed perjury.