In South Africa, marriage exists in a number of different forms, as a result of the diversity of religions and cultures in the country. A man in South Africa may have more than one spouse but a South African woman may only have one spouse. Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples.[1] Since 1998 the law has recognised marriages, including polygynous marriages, conducted under African customary law,[2] as well as religious laws such as Islamic law. In 2006 the South African constitutional court ruled in favour of recognizing same-sex marriage.[3] It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction.
South Africa outlawed marital rape in 1993.[4]
According to the 2011 census, 36.7% of South Africans aged 20 or older were married. During the year 2011 a total of 173,215 new marriages were recorded.
^Minister of Home Affairs and Another v Fourie and Another [2005] ZACC 19 at para. 3, 2006 (3) BCLR 355 (CC); 2006 (1) SA 524 (CC) (1 December 2005)
^Pierre de Vos (11 December 2006). "Customary Marriages unconstitutional?". Constitutionally Speaking. Retrieved 27 February 2007.
^"SA same-sex marriage law signed". BBC News. 30 November 2006. Retrieved 27 February 2011.
^"Marital Rape in South Africa – Enough is Enough | Open Society Initiative of Southern Africa". OSISA. 2012-10-25. Archived from the original on 2013-09-15. Retrieved 2013-08-17.
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