Customary Marriage Affidavit
Confirm under oath that a customary marriage exists in terms of the Recognition of Customary Marriages Act 120 of 1998 — that lobola was negotiated or paid and a celebration was held. Used for registration of the marriage at the Department of Home Affairs, and to claim spousal benefits from employers, pension funds, medical schemes, and funeral policies.
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Download Blank TemplateCustomary Marriage Affidavit Affidavit — Frequently Asked Questions
How do I prove a customary marriage in South Africa?
A customary marriage is proved by evidence that it was negotiated, entered into, and celebrated in accordance with customary law — typically that lobola was negotiated or paid between the families and that a celebration or handing over took place. Sworn affidavits from the spouses and from family members who took part in the negotiations are commonly used when registering the marriage at the Department of Home Affairs or claiming spousal benefits.
Is an unregistered customary marriage valid in South Africa?
Yes. Under the Recognition of Customary Marriages Act 120 of 1998, a customary marriage that meets the requirements of the Act is valid even if it has not been registered at the Department of Home Affairs. Registration is still required by the Act and provides certainty — pension funds, funeral policies, and employers often ask for the registration certificate or, failing that, sworn affidavits confirming the marriage.
How do I make a customary marriage affidavit affidavit legally valid in South Africa?
Fill in the customary marriage affidavit affidavit, print it, and sign it in front of a Commissioner of Oaths — do not sign beforehand. Bring your ID document. Commissioning is free at any SAPS police station, and Commissioners of Oaths are also available at banks, post offices, and attorneys' offices.
Is this customary marriage affidavit affidavit template free?
Yes. You can generate a completed customary marriage affidavit affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.