Family
Statutory, customary, Muslim and Christian marriage, with 2007 reform statutes governing all four
Four marriage regimes coexist. The Registration of Customary Marriage and Divorce Act 2007 brought customary marriage into a registration system and set 18 as the minimum age with consent requirements; the Devolution of Estates Act 2007 gave surviving spouses and children statutory inheritance rights against customary exclusion.
Key rules
- Jurisdiction — High Court for statutory matrimonial causes; local courts for customary marriage and divorce; Family Court for children's matters.
Governing law
- Registration of Customary Marriage and Divorce Act, 2007 — Registration; minimum age 18; mutual consent.
- Devolution of Estates Act, 2007 — Statutory inheritance rights overriding customary exclusion.
- Domestic Violence Act, 2007 — Offence and protection orders.
In practice
Marriage may be civil, Christian, Muslim or customary, and the applicable regime determines validity, polygyny and succession. The three 2007 'gender acts' were a significant reform package: the Registration of Customary Marriage and Divorce Act requires registration of customary marriages and divorces, sets the minimum age at 18, and requires the consent of both parties, addressing forced and child marriage; the Devolution of Estates Act overrides discriminatory customary succession by granting the surviving spouse and children defined entitlements and protecting the widow's occupation of the matrimonial home; and the Domestic Violence Act criminalised domestic violence and created protection orders. The Child Right Act 2007 codifies the best-interests standard and prohibits child marriage, and the Prohibition of Child Marriage Act 2024 strengthened penalties. Local courts in the provinces administer customary family law, and the interaction between their practice and the statutory reforms remains the practical difficulty.