Legal Requirements

LEGAL REQUIREMENTS
MARRIAGE OF SOUTH AFRICAN CITIZENS

After your marriage ceremony, the marriage officer is required – personally – to lodge the marriage register and the copies of you documents with Home Affairs.

Before you even think of setting a time and place for your wedding please take careful note of what – exactly – is required of you. The following documents are of paramount importance:

AS A SINGLE PERSON (i.e. never been married before)

1.Confirm that your "single" status is registered with Home Affairs.

If you are that single person you have just passed the first important test. Congratulations!

AS A DIVORCED PERSON:
Things become a little more complicated!
You will need inquire about your marital status from Home Affairs. The problem is that the system often does not register a divorce for years.
If Home Affairs have not yet registered your divorced status, a marriage officer may not conduct a marriage ceremony.

In view of the fact that the Supreme Courts and Home Affairs are often years behind in capturing new marital statuses - this can take months - and it might be necessary for your attorney to follow this process up with the Supreme Court, or alternately approach your friendly local Home Affairs Office and request that they update their records. This, however, needs to be done many months before your actual wedding date.

You will also need to supply the marriage officer with a copy of your Supreme Court Decree of Divorce.

In addition:
 You will need 3 Photographs each, which will be included in the Marriage Register.
 The Marriage Officer will require a left thumbprint of each of you.
 He will also need copies of your Identity Documents, as well as the copies of the I.D.’s of your two witnesses on the day.

MARRIAGE OF FOREIGN NATIONALS, WIDOWS and MINORS

According to the Department of Home Affairs this is what is required for a foreign national:
 If a foreign national is marrying a South African citizen, they should do the following prior to their marriage with a South African citizen:
1.  Visit the Home Office of your own country and ask for a "Letter of No Impediment". This document will prove that you are not already married, or that your status is “divorced.”
2.  On entry to South Africa, you will have to visit a Home Affairs office which has an "Immigration" section for an interview.
3.  Complete a DHA-31 Form (Declaration for the Purpose of Marriage.)
4.  Furnish the marriage officer with a copy of the passport, and a copy of the immigration stamp showing date of entry to South Africa.
5.  You will need 2 Photographs each, which will be included in the Marriage Register.
6.  The Marriage Officer will require a left thumbprint.

According to the Department of Home Affairs this is what is required for a widow/widower:
1. You will need 2 Photographs each, which will be included in the Marriage Register.
2. The Marriage Officer will require a left thumbprint of each of you.
3.  He will also need copies of your Identity Document, as well as the copies of the I.D.’s of your two       witnesses on the day.
4. In addition - you will need to furnish the marriage officer with a copy of your late partner's death  certificate.

According to the Department of Home Affairs this is what is required for the marriage of a minor - that is a male under 18 years and a female under 15 years old.
1. You will need 2 Photographs each, which will be included in the Marriage Register.
2. The Marriage Officer will require a left thumbprint of each of you.
3. He will also need copies of your Identity Document, as well as the copies of the I.D.’s of your two witnesses on the day.
4. In addition you will need to complete a BI-32 form which will need to be signed by both parents/ legal guardian or the Commissioner of Child Welfare or a judge of the minor - giving consent to the marriage.

To request an information leaflet, book a date, a BI-31 or BI-32 form, or simply to ask a question, go to the contact button and I will respond ASAP. Contact Us