The short answer
Yes, you can use your husband's ID number to register your customary marriage.
The whole question
Dear Athalie
I was married through a customary marriage over a year ago, but we separated in January 2025. I’ve recently found out that we are still considered legally married, and I need to go through a formal divorce. I’ve been advised to register the marriage first before I can file for divorce.
The problem is that I need my husband’s ID copy to register the marriage, but I don’t have it, and he is ignoring all my requests. I do have his ID number, though. What are my options? Can I register the marriage using just his ID number, or is the copy important?
The long answer
You can use your husband’s ID number to register your customary marriage, and explain that it is all you have. The registering officer may accept this if it is backed up by other evidence like witness testimonies, lobola agreements (if applicable) and/or photos of the celebrations.
But Mary-Jane Mphahlele, from Mary-Jane Mphahlele Attorneys Inc, said in a blog on divorce in unregistered customary marriages that, “Contrary to popular belief, the Recognition of Customary Marriages Act does not require the marriage to be registered to be valid. This means that parties can divorce even if their customary marriage is not registered with Home Affairs.”
She explains that while some magistrate’s courts may want to see lobola letters and a marriage certificate as proof of the customary marriage, “the High Court does not require a marriage certificate or a lobola letter to issue summons for divorce proceedings to commence.”
She goes on to say that divorcing in a customary marriage follows similar principles to a civil marriage divorce:
One or both parties must file for divorce
Grounds for divorce: the marriage must have broken down irretrievably
So, while it may be safer to register the marriage and get a marriage certificate, it seems that you do have a choice.
Wishing you the best,
Athalie
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Answered on June 4, 2025, 7:06 p.m.
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