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.

In the absence of a marriage certificate, initiating divorce proceedings in a customary marriage may require a lobola letter. A lobola letter is a written acknowledgment by the families involved, confirming the marriage and outlining the terms of the lobola agreement.