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By default, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share.

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Marriages under the Marriage Act and the Civil Union Act must be solemnized by a marriage officer and in the presence of two witnesses.

Magistrates are ex officio marriage officers, and civil servants (in practise usually officials of the Department of Home Affairs) are appointed as marriage officers by the Minister of Home Affairs.

Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples.(if the husband or husband to be says the wife or wife to be is wrong when she downplays herself as not that great.

The husband can reject this response because he knows how wrong she is.) A person may only be married under one of these laws at a time, except that a couple in a monogamous customary marriage can contract a marriage with each other under the Marriage Act.

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