A Brief History of Civil Unions
When South Africa passed the Civil Union Act 17 of 2006, it became one of the first countries in the world to legally recognize same-sex partnerships with the same rights as traditional marriages. Today, civil unions remain a vital legal mechanism for couples — same-sex or opposite-sex — who wish to formalize their relationship outside the framework of the Marriage Act.
Legal Parity with Marriage
Yet despite legal equality, confusion remains. Many still believe civil unions are a lesser form of marriage, or that they carry different legal consequences. In reality, a civil union is legally equivalent to marriage in almost every respect. Couples entering into a civil union can choose to marry in or out of community of property, elect the accrual system, and must consider the implications of antenuptial contracts, just as with any marriage.
What Legal Rights Do Civil Unions Provide?
From a legal standpoint, civil unions entitle both parties to the full range of rights enjoyed by married spouses. This includes inheritance, spousal maintenance, pension benefits, and medical aid recognition. The union is also recognized by Home Affairs, SARS, pension funds, and South African courts.
Civil Unions in Numbers
Statistically, civil unions are not yet widespread, but they are growing. According to Stats SA, 921 civil unions were registered in 2022. Since the act came into force, more than 16,000 civil unions have been recorded, with numbers climbing steadily each year.
Correcting Common Misconceptions
There are still misconceptions that need correcting:
- Civil unions are not exclusive to same-sex couples. Since 2020, opposite-sex couples can also opt for civil unions in place of traditional marriage.
- An antenuptial contract remains just as important in a civil union — property regimes matter, and a formal agreement can protect both partners if the relationship dissolves.
Whether you’re formalizing a long-term relationship or planning a future together, entering into a civil union should not be done without careful consideration and legal clarity. Civil unions offer couples the full protection of the law — but that protection is strongest when supported by the right legal structure.
