Archive for the ‘Legal’ Category

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Before you start planning your big day, make sure you read this very usefull article from about.com by Sheri & Bob Stritof.

Congratulations and much happiness as you begin your lifetime journey together!  Make sure you understand the requirements and marriage regulations. Requirements may vary as each locale in South Africa could have their own requirements.

Make sure you understand the requirements and marriage regulations. Requirements may vary as each locale in South Africa could have their own requirements.

ID Requirement
You will need to provide identity documents and birth certificates or an affidavit BI-31.  If you are not a resident of South Africa, you will need to show your passport.

Ceremony:

A wedding in South Africa needs to be performed in a building with open doors.

Residence Requirment:

None.

Previous Marriages:
You will need to show proof of termination of any previous marriages. The certified copy of the final decree of divorce or your deceased spouse’s death certificate are required.

Under 18:
In South Africa, if you are under 21 years of age, and have not been married before, you will need written consent of both of your parents on form BI-32. If only one of your parents is alive, or if you have a legal guardian, that person may sign the form BI-32. If your parents will not give consent for you to marry, you can request consent from a Judge of the High Court. Consent by a judge is given only if parental consent was unreasonably refused or there is sufficient evidence that getting marriage is in the best interest of the minor.

If you are a male under the age of 18, or a female under the age of 15, you will need the consent of the Minister of Home Affairs in addition to your parents’ consent. If you manage to get married under the age of 21 without consent, your parents can ask to have your marriage dissolved.

Same-Sex Marriages:
No. However, on 11/14/06 South Africa’s National Assembly approved the same-sex marriage Civil Union Bill. The intent of the bill is to allow the solemnized and registered voluntary union of two persons without reference to whether the individuals are heterosexual or homosexual. However, under grounds of morality, the new bill would allow either religious or civil officers the right to refuse to marry same-sex couples.

The bill is not yet law and still needs to be approved by both the National Council of Provinces and President Thabo Mbeki.

Witnesses:
You need to have two witnesses at your wedding ceremony to sign the marriage register.

Cousin Marriages:
No

Officant: 
Civil marriages can only be officiated by authorized marriage officers.

Community Property:
Yes, unless there is a valid antenuptial contract.

More Information:
You can receive more information about getting married in South Africa by contacting an office of the South African Department of Home Affairs.
Listing of Home Affairs Offices & Regions

Customary Marriages:
A customary marriage in South Africa is one that is “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa and that this does not include marriages concluded in accordance with Hindu, Muslim or other religious rites.”
Source: Home-affairs.gov.za

• Couples must be at least 18 years old.
• Minors must have parental consent to the marriage.
• Individuals who are already in a civil marriage can not enter into a customary marriage.
• Couples in customary marriages must register with a Home Affairs domestic office within 3 months of the wedding.
  • They need to have a witness from each of their families.
• “Although there is no restriction on the number of customary marriages that a husband may enter into, no further customary marriage may be entered into unless an order of court regulating the future matrimonial property system of his marriages has been obtained.”
  Source: Home-affairs.gov.za

PLEASE NOTE:

Marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice. It is important that you verify all information with the local marriage license office before making any wedding or travel plans.