When you tie the knot, you enter into a legally binding agreement. With all the paperwork required, it’s important to do things right the first time to avoid any further legal issues.
All marriages in South Africa must be registered at the Department of Home Affairs. There are three types of marriages that are recognised under South African law: civil marriages, customary marriages and civil unions. Each one has different paperwork requirements, so couples need to know which one they plan to enter into.
If you are planning on having a civil marriage, you must:
– ensure that you are legally allowed to marry
– understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid ante-nuptial contract has been entered into before the marriage, and
– make sure that your marriage will comply with all the legal requirements for a valid marriage
Should you be unsure of any of these, legal counsel should be sought before the marriage is entered into.
On the day of the marriage, a couple must present the following documents to the person officiating at the wedding:
– Identity documents(for each person getting married)
– If a foreign national is marrying a South African citizen, they should both present their valid passports as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment)
– If the wedding is for 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. If the minors getting married are under the ages of 18 for boys or 15 for girls, the written consent from the Minister of Home Affairs will also be required
– 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 submitted.
Marriage certificates
Two witnesses and the marriage officer must sign the marriage register after the solemnisation of a marriage. Then the marriage officer must issue the parties with a handwritten marriage certificate (BI-27) free of charge.
The marriage officer must then submit the marriage register to the nearest office of the Department of Home Affairs, where the marriage details will be recorded in the National Population Register (NPR).
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