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Marrying in South Africa
There are certain requirements with regards to marrying in South Africa that we want to bring to your attention.
License requirements
- An identity document (passport for foreigners) and birth certificate has to be produced in order to obtain the marriage certificate.
- The wedding (signing of the documents not actual ceremony) has to take place in a building with a roof and address (no further requirements).
- Two people need to witness the wedding (they also have to produce an identity document).
- Only official marriage officers can officiate a civil marriage.
- If either or both of the bride an groom have been married before a divorce certificate or the death certificate of the deceased spouse has to be produced.
Same sex weddings
- The new law came into effect after a lesbian couple asked to have the wording of the common-law marriage law to read "union between two persons" instead of "union between a man and a woman." Justices said denying gays and lesbians the right to marry violated the constitution's guarantee of equal rights.
- It is criticized though, that the law allows clergy and civil marriage officers to not perform gay wedding ceremonies if their conscience prevents it.
- The process of same sex weddings are the same.
Home Affairs official Regulations
The solemnization and registration of civil marriages are governed by the Marriage Act, 1961 (Act No. 25 of 1961), hereinafter referred to as "the Act", and the Regulations issued in terms of the Act.
Marriage Officers
Only marriage officers authorized in terms of Act No. 25 of 1961 to perform marriages may do so. Presently civil marriages are solemnized at offices of the Department of Home Affairs and at churches with authorized marriage officers.
Place of marriage, witnesses
In terms of the Act a marriage must be conducted in a church or another building used for religious services, or in a public office or private house, with open doors, and in the presence of the parties to the marriage and at least two witnesses. However, in the case of serious illness or injuries, the marriage may take place in the hospital or facility concerned.
Prospective marriage couples
Prospective parties to a marriage should ensure that they are allowed to marry; that they understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid antenuptial contract has been entered into before the marriage; and that their marriage will comply with all the legal requirements for a valid marriage. Should they be unsure of any of these, legal counsel should be sought before the marriage is entered into.
Solemnisation: documents to be presented
- Their identity documents. If they never had identity documents, an affidavit BI-31 may be furnished in lieu of identity documents and, if their births are registered, also their birth certificates.
- Foreigners must present their passports.
- If minors, the written consent as prescribed.
- If divorced, the final decree of divorce. If for any sound reason a person is unable to produce a decree of divorce or if a person was divorced in a foreign country and cannot obtain a decree of divorce an affidavit by the person concerned is required to the effect that he/she is legally divorced, and stating the name of the court which granted the divorce and the date on which it was granted.
- If widowed, the deceased spouse’s death certificate. If a death certificate is not available the person concerned is required to submit an affidavit confirming the death of the deceased spouse and stating the name of the deceased and the date of death.
Marriage Register
After solemnisation of the marriage, both parties to the marriage, the two witnesses and the marriage officer must sign the marriage register, upon which the marriage officer must issue the parties with a marriage certificate (BI-27) free of charge.
Registration and certificates
After the marriage, the marriage officer must submit the marriage register to the nearest Home Affairs office for recording of the marriage particulars in the National Population Register (NPR). All subsequent issues of marriage certificates are subject to completion of an application BI-130 and payment of a prescribed fee of R10-00. A full (unabridged) certificate may also be applied for. Application form BI-130 must be completed and a prescribed fee of R50-00 is payable.
Applications for marriage certificates should be lodged at your nearest Home Affairs office.
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