What is a Civil Union and how is it different to Marriage?
For some couples, getting married under the Marriages Act here in South Africa isn’t necessarily first prize. And for some couples, it’s not even a legal possibility. That’s where the option of a Civil Union comes in.
WHAT IS THE DIFFERENCE BETWEEN A CIVIL UNION AND A MARRIAGE?
In terms of the rights and responsibilities of both partners, there are actually no differences between a marriage and a civil union. The Civil Union Act, which came into effect in 2006, was passed to address the gaping hole created by the Marriages Act - which provided for (and still only provides for) the marriage between a man and a woman.
The Civil Union Act allows any two people – regardless of their gender or sexual orientation – to marry each other through a Civil Union.
FROM THE CIVIL UNION ACT
“Civil union” means the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act, to the exclusion, while it lasts, of all others.
WHAT THIS MEANS FOR SOUTH AFRICAN COUPLES…
You can enter a Civil Union in one of two ways.
The first is under a marriage.
The second is under a civil partnership.
FROM THE CIVIL UNION ACT:
“Civil union partner” means a spouse in a marriage or a partner in a civil partnership, as the case may be, concluded in terms of this Act; therefore, a heterosexual couple (a man and a woman) may enter into either a marriage or a civil partnership. A non-heterosexual couple may only enter into a civil partnership.
WHAT THIS MEANS FOR SOUTH AFRICAN COUPLES…
A non-heterosexual couple may only enter into a civil union.
A heterosexual couple can enter into either a marriage or a civil union.
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