When South Africans get married, one of the most important steps is registering the marriage correctly. Not only does marriage registration provide legal recognition, but it also affects surnames, identity documents, passports, and future applications for visas or citizenship. A recent Constitutional Court ruling has brought fresh attention to how marriages are registered and, more specifically, how surnames are handled when couples tie the knot.
This article explains the essentials of marriage registration in South Africa, highlights the impact of the latest judgment, and clears up some confusion between the different laws that govern marriages.
Why marriage registration matters
A wedding ceremony may be a personal celebration, but the legal recognition comes through registration with the Department of Home Affairs. Without registration, a marriage is not legally binding, and spouses may struggle with inheritance claims, medical consent, property division, or immigration processes.
During registration, couples provide their identity documents, marriage officer credentials, and declarations of marital status. Part of the process includes choosing how the marriage affects their surnames, a detail that can have ripple effects on passports, bank accounts, and children’s documentation.
The Constitutional Court’s decision on surnames
In September 2025, the Constitutional Court struck down sections of the Births and Deaths Registration Act that only allowed women to change their surnames after marriage. Men were not afforded the same right, which the Court found unconstitutional and discriminatory.
The judgment now makes it possible for husbands to legally take their wives’ surnames, or for couples to choose hyphenated or blended surnames. Parliament has been given two years to amend the law formally, but in the meantime, the Court has provided an interim measure that ensures gender-neutral surname rights apply immediately.
This is a significant step toward gender equality and freedom of choice in South African marriages. However, it has also sparked questions about what was already possible under other laws, particularly the Civil Union Act.
Civil Union Act versus Marriage Act: clearing the confusion
Some observers quickly pointed out that the Civil Union Act of 2006 already allowed couples, whether heterosexual or same-sex, to decide whose surname to take. In fact, several marriage officers confirm that under the Civil Union Act, men have been able to adopt their spouse’s surname for years.
One marriage officer put it this way: “The Civil Union Marriage Register already has blocks for ‘Surname to be assumed’ for both partners, with no restrictions shown. I always assumed they had a free choice.” This practical detail highlights that surname flexibility has long existed under the Civil Union Act.
So why the fuss about the new judgment? The answer lies in the differences between the Civil Union Act and the Marriage Act of 1961:
- Marriage Act (1961): This is the traditional statute used for most heterosexual marriages in South Africa. Under this Act, only women were explicitly permitted to change their surnames after marriage. Men were excluded, which created the discriminatory gap.
- Civil Union Act (2006): This newer law allows any partner, regardless of gender, to take the other’s surname or create a double-barrelled version. Many heterosexual couples who wed under this Act already had more flexible surname rights.
The Constitutional Court ruling specifically targeted the Marriage Act framework, where men had been left out. It effectively aligns the two legal regimes, ensuring that all couples enjoy the same rights, no matter under which law they marry.
How the ruling affects marriage registration
For couples registering their marriage now, the key change is simple:
- Whether marrying under the Marriage Act or the Civil Union Act, either spouse can adopt the other’s surname.
- The Department of Home Affairs must update its processes and forms to reflect gender-neutral wording, though in practice, some officials may still need time to adjust.
- Couples should be prepared to reference the Constitutional Court ruling if they encounter resistance at Home Affairs branches in the short term.
It’s important to note that this ruling does not automatically affect children’s surnames. Changing a child’s surname follows a different legal procedure under section 25 of the Births and Deaths Registration Act, which was not part of the case. Parents still need to follow that separate process if they want a child’s surname to match the mother’s or a hyphenated family name.
Practical steps when registering your marriage
If you are planning to marry in South Africa, here’s what you’ll need:
- Identity documents of both partners
- Three supporting witnesses with valid IDs
- A registered marriage officer, such as a Home Affairs official, religious leader, or private officiant
- A completed marriage register (signed on the day of the ceremony)
- Choice of marital property system (in community of property by default, unless an antenuptial contract is signed before the wedding)
When it comes to surnames, couples now have several options:
- One partner may keep their birth surname.
- One partner may take the other’s surname.
- Both partners may choose a double-barrelled surname.
With the Constitutional Court ruling, these options are fully available to both men and women under any recognised form of marriage.
What this means for South Africans abroad
For South Africans living overseas, marriage registration can be trickier. If you marry abroad, your marriage must be recognised under South African law for it to have legal effect locally. Apostil.co.za assists with:
- Registering foreign marriages with Home Affairs
- Changing surnames on passports and IDs
- Obtaining apostilled marriage certificates for use in other countries
The new surname ruling means that expatriates will also benefit from more inclusive recognition when applying for documentation back home.
A step toward equality
The Constitutional Court’s decision underscores a broader trend in South African law: aligning family law with the constitutional principles of equality and human dignity. By removing gender bias from surname regulations, couples are free to choose what best reflects their identity and partnership.
While many heterosexual couples may still prefer to keep the traditional pattern of the wife taking the husband’s surname, others will now have the freedom to decide differently, without legal barriers. For some, this may be symbolic. For others, it could be significant.
Either way, marriage registration has become more equal, inclusive, and representative of modern South Africa.