- Marriage disputes are rising as more couples enter unions later in life with assets, debt, and complex financial arrangements, increasing the risk of costly legal conflict when relationships break down.
- South Africa’s three marriage systems, civil marriages, civil unions, and customary marriages, operate under different legal frameworks, and misunderstanding these frameworks often leads to disputes over property, debt, and inheritance.
- Court backlogs, rising legal costs, and increasingly complex family structures mean marriage-related disputes are taking longer to resolve and are becoming more expensive for families across the country.
Marriage-related disputes are increasing because couples do not fully understand the legal framework governing the type of marriage they enter into.
These disputes often surface years later when relationships break down, estates must be administered, or financial obligations suddenly become contested.
A lack of understanding of the legal framework at the time of marriage is now one of the biggest drivers of avoidable legal conflict, and the cost of resolving those disputes is rising every year. The law does not treat all marriages the same, and the option couples choose will determine the consequences they face.
Shrinking marriage rate but growing complexity
South Africa is experiencing a long-term decline in formal marriages. The latest data from Statistics South Africa shows that civil marriage registrations dropped by 29.5 percent between 2013 and 2022. The country recorded 171,000 civil marriages in 2011, compared with 130,806 in 2023. The average marriage rate now stands at 2.1 marriages per 1,000 people.
At the same time, the median age for first marriage is rising. The median age is now 37 years for men and 33 years for women.
This data shows that people are increasingly entering marriage later in life, often with more assets, more debt, and more complex financial lives. That complexity does not always matter while relationships are stable, but it becomes significant and often expensive when disputes arise.
Three marriage systems with very different outcomes
South Africa recognises three distinct marriage frameworks, each governed by different legal rules and financial consequences.
Civil marriages fall under the Marriage Act of 1961 and are available to opposite sex couples. Unless a couple signs an antenuptial contract before the marriage, the marriage automatically defaults to in community of property. This creates a joint estate and shared liability between spouses.
Civil unions, introduced in 2006, provide both same sex and opposite sex couples with an alternative route to marriage while offering equal legal recognition. The same default property rules apply unless couples formally opt out through an antenuptial contract.
Customary marriages are governed by the Recognition of Customary Marriages Act of 1998. These marriages must be negotiated and celebrated according to living customs. Registration is required by law, but failure to register does not invalidate the marriage. However, it can make proving the existence of the marriage far more difficult later.
Customary marriages concluded after 1998 also default to in community of property unless the property system is changed through a court-approved contract. Customary law also allows polygynous marriages, although additional marriages require court oversight.
Where the financial consequences hit hardest
Many disputes arise because couples misunderstand the financial implications of the property regime governing their marriage.
Property ownership can become contentious when assets acquired before or during the marriage fall into a joint estate. Debt can also create unexpected consequences. In community of property, shared liability means one spouse’s loan or financial obligation can be enforced against the joint estate.
Inheritance disputes are another recurring issue, particularly where customary marriages were never formally registered. In those situations, families sometimes disagree about whether the marriage existed at all, especially when estates must be administered.
Why legal costs are rising every year
The cost of resolving marriage-related disputes is rising steadily, and several factors contribute to this. Inflation, higher professional fees, increased administrative charges, and longer court delays all play a role. A matter that costs a certain amount to resolve in 2025 will almost certainly cost more in 2026, and more again in 2027.
South African courts are under immense strain, with family law matters competing for limited judicial time. The time it takes to finalise a divorce now depends heavily on whether the matter is contested or uncontested.
If both spouses agree on the division of assets, maintenance, and child arrangements, the court can finalise the matter within weeks or months. If the matter is contested, however, it can take a year or more to conclude. Recent cases illustrate this reality.
In M v M in the High Court in Pretoria in 2026, an uncontested divorce was finalised in just two months after both parties signed a consent paper. In B v L in the High Court in the Western Cape in 2026, a contested divorce lasted two years because of custody disputes and multiple interlocutory applications.
In VVC v JRM and Others, decided by the Constitutional Court in January 2026, litigation surrounding the dissolution of a customary marriage took almost two years before the court confirmed that conversion to a civil marriage does not dissolve a customary marriage.
Growing complexity in marriage disputes
Marriage disputes are also becoming more complicated because of changing social and financial realities. More couples are entering mixed system marriages that involve both customary and civil marriage frameworks.
Many customary marriages remain unregistered, particularly those concluded before 2008. Families are increasingly blended across households, provinces, and cultural systems. Later in life, marriages often involve business interests, property portfolios, and significant debt.
These factors make disputes harder to resolve and increase the time and, therefore, the costs involved. Court backlogs further compound the problem. When cases take longer to reach a hearing, legal fees, administrative costs, and financial uncertainty continue to grow for the families involved.
The disputes attorneys see again and again
In my experience, most litigation arises from misunderstandings that occur at the time the marriage is concluded.
Unregistered customary marriages often lead to disputes where families disagree about whether the marriage was validly concluded. Some couples assume that religious ceremonies, cohabitation, or provisions in a will automatically create an antenuptial contract. In law, none of these changes the property regime.
Debt disputes also arise when one spouse discovers they are jointly liable for the other spouse’s credit obligations because the marriage operates in community of property.
Other disputes involve second customary marriages concluded without court approval, which can create contested property consequences. Mixed system marriages also create confusion where couples believe that a later civil ceremony replaces an earlier customary marriage. It does not.
Many of these disputes are preventable. They arise because couples did not understand the legal framework they were stepping into.
For that reason, couples should choose their property regime carefully. All three marriage types default to in community of property unless formal steps are taken to change it. Couples should also register the marriage promptly, ensure the correct officiating process is followed, and consider future financial exposure, such as business ownership, debt, and significant assets.
Seeking legal advice early can prevent long-term financial and emotional consequences. It is far easier and far more cost effective to structure a marriage correctly than it is to fix it later.
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