In South Africa, couples who do not want their ceremony to take place at a church or other public location can exchange their vows at any South African Home Affairs office.
Accordance with the Civil Union Act 2006, both heterosexual and same-sex couples are entitled to FREE MARRIAGE Ceremonies at Home Affairs offices.
In South Africa, couples must attend a marriage interview before a marriage can be declared legal.
This procedure ensures that both parties are entering into the marriage of their own accord, without being coerced.
In the event that you fail to attend an interview, the marriage certificate will not be registered, and the marriage will be declared null and void.
POINTS TO REMEMBER:
According to South African law, marriages are an automatic community of property marriages, meaning that both partners’ assets are brought together.
To divide property in a South African marriage that is out of community of property – that is, your assets remain separate – you should consult a lawyer beforehand to prepare an antenuptial agreement (ANC).
An ANC arrangement protects one party from debt accrued by their spouse, allowing them to maintain property and wealth accumulated during the marriage.
Before getting married, you are required to present the ANC to the marriage officer with a letter from your lawyer confirming the agreement was mutual.
BEFORE GETTING MARRIED:
- Guarantee that you are legally allowed to marry
- Understanding the legal implications of a marriage, particularly that marriages in South Africa are automatically considered ‘community of property’ unless an ante-nuptial contract is in place
- Make sure that your marriage will comply with all the legal requirements for a valid marriage
DOCUMENTS REQUIRED TO ENTER INTO HETEROSEXUAL MARRIAGE:
- Identity documents (of each person getting married)
- Should a foreign national is marrying a South African citizen, they should both present their valid passports as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of No Impediment)
- If the wedding includes a minor (a person under the age of 18 years), the written consent of both parents/legal guardian or the Commissioner of Child Welfare or a judge should be submitted on Form DHA-32 as well.
- Should any of the persons getting married are divorced, then the final decree of divorce should be produced
- If any of the persons getting married are widowed, the deceased spouse’s death certificate must be furnished.
DOCUMENTS REQUIRED TO ENTER INTO A CIVIL UNION (OR SAME-SEX MARRIAGE):
- Identity Document (of each person entering into the Civil Union)
- If a foreign national is marrying a South African citizen, they should both present their valid passports as well as a completed BI-31 Form
- A completed Declaration for the Purpose of Marriage Form (DHA-1763 form)
- Form DHA-1766 (Civil Union Register), which must be completed by the marriage officer
- A completed Form DHA-1764 (Registration of a Civil Union) in which the couple must indicate whether they are entering into a Civil Union marriage or a Civil Union partnership
- If any of the persons getting married are divorced, then the final decree of divorce should be furnished
- If any of the persons getting married are widowed, the deceased spouse’s death certificate must be produced.
MARRIAGE CERTIFICATES:
Following a marriage ceremony, two witnesses and the marriage officer must sign the marriage register. The marriage officer must then issue the parties with a handwritten marriage certificate (BI-27) free of charge.
Any additional abridged copies or unabridged copies of the marriage certificate can be requested by:
Completing Form BI-130 in black ink and submitting it to the nearest office of the Department of Home Affairs or to the nearest South African embassy, mission, or consulate abroad
Paying the prescribed fee
(The first issue of an abridged marriage certificate is free, and a re-issue is R75.00)
