Cabinet recently approved the draft Marriage Bill of 2022. Among others, the Bill aims to outlaw child marriages, which entail a person under the age of 18 and provides for the laying of a criminal offence against any person who facilitates such a marriage.

Ultimately, the Department aims to address several gaps in legislation, which would include the Divorce Act, which the Constitutional Court in June 2022 found to be unconstitutional.

The Bill seeks to ensure that all marriages are concluded in accordance with the principles of equality, non-discrimination and human dignity as provided for in the Constitution of the Republic of South Africa of 1996.

The draft Bill allows South Africans and residents in the country of all sexual orientations, as well as religious and cultural persuasions, to conclude legal unions in line with the constitutional principles.

The Bill outlines measure to prevent unions such as child marriages and those done in the absence of the other party.

The Bill will bring all legislation governing marriages, such as customary and civil union, under one umbrella. It will align marriage, marital property, divorce legislation and interstate succession matters regardless of how the marriage is concluded.

Ultimately, it seeks to ensure all marriages concluded are in accordance with equality, non-discrimination and human dignity as outlines in the constitution of the republic.

--SABC--