ABSTRACT
This chapter addresses the developments and challenges relating to the recognition of customary and religious marriages, and domestic partnerships in South Africa. South Africa provides a good example of development of policies in this area because, like most countries that were colonized by Britain and Europe, it inherited a colonial legacy that was heavily influenced by a Christian understanding of marriage, which is characterized mainly by monogamy and heterosexuality. The legislature’s intention to draw parity between civil and customary marriages may have been to ensure equality between spouses within customary marriages. Under the Marriage Act, parties married by Muslim, Hindu and Jewish rites are able to access benefits of secular legislation if they enter into civil marriages. The Recognition of Religious Marriages Bill proposes full legal recognition for all religious marriages in South Africa. Great strides in relation to the recognition of religious marriages and domestic partnerships were made since the advent of democracy in South Africa.
