Abstract

Courts like to express the idea that “[m]arriage and family are important social institutions in our society. Marriage has a central and special place, and forms one of the important bases for family life in our society.” Sometimes this is done to deny legal protection to family forms not based on marriage or to uphold “traditional” ideas of what marriage should be.

This paper questions the central position of marriage in family law in 21st century South Africa. It argues that the socially valuable functions associated with marriage can be fulfilled in other ways and explores the extent to which the Law Reform Commission’s issue paper on a single marriage statute contributes to this project.

Bio: Prof Elsje Bonthuys is one of the foremost family, gender and law scholars in South Africa. A full professor at the Law School at the University of Witwatersrand, she has practiced, written about, and judged family law cases (as a practicing advocate, academic and acting judge). In addition, she has been a regular advisory member to various marriage and gender projects by the South African Law Reform Commission (SALRC) over the years. Presently, she is an advisory member to the SALRC’s reform initiatives on the Single Marriage Statute and the Review of the Matrimonial Property Act projects. A second edition of her book Gender, Law and Justice with co-author Cathi Albertyn will be available in 2023.

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