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Life in prison Death penalty Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act Act 25 of , which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act Act of , which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act Act 17 of , which provides for opposite-sex and same-sex civil marriages, religious marriages and civil partnerships.
A person may only be married under one of these laws at any given time. Couples marrying in terms of the Civil Union Act may choose whether their union is registered as a marriage or a civil partnership. In either case, the legal consequences are identical to those of a marriage under the Marriage Act, except for such changes as are required by the context. Any reference to marriage in any law, including the common law , is deemed to include a marriage or civil partnership in terms of the Civil Union Act; similarly, any reference to husband, wife or spouse in any law is deemed to include a reference to a spouse or civil partner in terms of the Civil Union Act.
Restrictions[ edit ] The parties to a marriage or civil partnership must be 18 or older and not already married or civilly partnered. The prohibited degrees of affinity and consanguinuity that apply under the Marriage Act also apply under the Civil Union Act;  thus a person may not marry his or her direct ancestor or descendant, sibling, uncle or aunt, niece or nephew, or the ancestor or descendant of an ex-spouse.
Government officials primarily magistrates and Home Affairs civil servants who are appointed as marriage officers under the Marriage Act are also able to solemnise marriages in terms of the Civil Union Act. Religious leaders may also be appointed as marriage officers under the Civil Union Act, but religious leaders appointed under the Marriage Act are not automatically able to solemnise marriages in terms of the Civil Union Act.
Government marriage officers who have an objection of conscience to solemnising same-sex marriages may note this objection in writing to the Minister of Home Affairs , and if they do so they cannot be compelled to solemnise same-sex marriages. This provision does not apply to religious marriage officers because they are in any case not obliged to solemnise a marriage that would violate the doctrines of their religion.
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