Legalities & Required Documentation
Required Documentation
Please read through the below thoroughly, and feel free to contact me if you have any queries.
Please note that we try stay as up to date as possible with the policies of Home Affairs. However the policies can change without notice. We will endeavour however to keep this website updated as we are informed of any changes.
The following documents are required:
ID Copies: Clear, certified copies of your (Partner A & Partner B's) green identity documents (for South African citizens).
Anti Nuptial Contract: A covering letter from your lawyer if you have set up an Anti Nuptial Contract. If you choose not to enter into an A.N.C then you are automatically married in community of property (relevant for SA Citizens only). This contract must be an original, not a copy.
ID Photos: Three recent ID / passport photographs of both partners (colour, white background)
Divorce Decree: If any party is divorced: a copy of the final decree of divorce.
Death Certificate: If any party is a widower or widow: a copy of the death certificate is required.
Marital Status Verification: You may be required to have a form stamped at Home Affairs to confirm the above if the status of either divorce or widowhood are not confirmed. Please note that it is the responsibility for SA citizens to make sure that your marital status is correct on the Home Affairs system, failure to do so will result in a delay of your marriage being registered. If your status has not been updated on the Home Affairs System, please contact me.
Witnesses: Two people need to act as witnesses and a copy of both of their South African Identity Documents and/or passports if the witnesses are non SA Citizens.
Fingerprints: It is a new legal requirement for me to obtain the left thumb print of the bride and groom. I will personally do this on your wedding day.
When both partners are non-SA Citizens
Please note that in this case I recommend you rather go into Home Affairs and make an appointment to get married there, in-person. This will ensure that thre are no opportunities for error or legal red tape. I can still officiate the spiritual aspect of your ceremony on the special day, and you can do the legal part together at Home Affairs.
Clear copies of your (bride & groom) passports plus a copy of the page containing the entry stamp of when you entered SA
Three recent ID / passport photographs of bride, groom (color).
If any party is divorced a copy of the final decree of divorce.
If any party is a widower or widow, a copy of the death certificate is required.
If any party is not a South African citizen, a copy of your Passport and a Form B1 31 is required. I have copies of the B1 31 which you will sign when we meet before your wedding.
Two people need to act as witnesses and a copy of both of their South African Identity Documents and or passports if the witnesses are non SA Citizens
It is a new legal requirement for me to obtain the left thumb print of the bride and groom. I will personally do this on your wedding day.
Non South African residents:
Home Affairs (South Africa) stipulates that when a non South African citizen gets married in South Africa, they need a letter from the country of origin (or relevant Embassy or Consulate in SA) stating that there is no lawful impediment to you getting married. This is called a no lawful impediment letter.
No Lawful impediment letter is required for the non SA Citizen getting married in South Africa, This letter is obtained from your relevant government department in your country of origin confirming there is no lawful impediment to you getting married. Please note that the no lawful impediment letter will not be accepted if it is dated older than three months from your wedding date. If they do not issue no lawful impediment letters (like for British Citizens) then you need an official letter signed and stamped from them stating this and only then will Home Affairs in SA accept a notarized oath which I will email you. For British Citizens, I offer the service of obtaining the above letter from the British Embassy in Cape Town
Please note that in this case I recommend you rather go into Home Affairs and make an appointment to get married there, in-person. This will ensure that thre are no opportunities for error or legal red tape. I can still officiate the spiritual aspect of your ceremony on the special day, and you can do the legal part together at Home Affairs.
Please be aware of the new referral system regarding setting up an interview at Home Affairs with an immigration officer. This is when a couple get married in South Africa and one is an SA Citizen and the other is a non SA Citizen. An interview needs to happen with an immigration officer prior to the wedding.
Notes:
Couples are not able to phone Home Affairs to set up an interview telephonically. Marriage officers are also not allowed to set up interviews on behalf of couples. Couples have to present themselves to Home Affairs in person two weeks before their wedding to allow time for Home Affairs to check and verify the entry stamp of the non SA citizen entering the country, check the authenticity of the no lawful impediment letter and to make an appointment for an interview the week prior to the wedding
Clear copies of your (bride & groom) passports plus a copy of the page containing the entry stamp of when you entered SA
Three recent ID / passport photographs of bride, groom (color).
If any party is divorced a copy of the final decree of divorce.
If any party is a widower or widow, a copy of the death certificate is required.
If any party is not a South African citizen, a copy of your Passport and a Form B1 31 is required. I have copies of the B1 31 which you will sign when we meet before your wedding.
Two people need to act as witnesses and a copy of both of their South African Identity Documents and or passports if the witnesses are non SA Citizens
It is a new legal requirement for me to obtain the left thumb print of the bride and groom. I will personally do this on your wedding day.
Non South African residents:
Home Affairs (South Africa) stipulates that when a non South African citizen gets married in South Africa, they need a letter from the country of origin (or relevant Embassy or Consulate in SA) stating that there is no lawful impediment to you getting married. This is called a no lawful impediment letter.
No Lawful impediment letter is required for the non SA Citizen getting married in South Africa, This letter is obtained from your relevant government department in your country of origin confirming there is no lawful impediment to you getting married. Please note that the no lawful impediment letter will not be accepted if it is dated older than three months from your wedding date. If they do not issue no lawful impediment letters (like for British Citizens) then you need an official letter signed and stamped from them stating this and only then will Home Affairs in SA accept a notarized oath which I will email you. For British Citizens, I offer the service of obtaining the above letter from the British Embassy in Cape Town
Other Questions About Legal Documentation
SA Citizens who do not have green SA ID Books or the new ID Card.
Home Affairs requires the green ID book or the new ID card for SA Citizens getting married in SA. SA Passports are not accepted. If an SA Citizen does not have an ID book or card then they will either need to apply for one prior to their wedding or apply for a temporary ID document and this will be accepted.
If the person does not have an SA ID document they have to apply for a temp ID but if their fingerprints are not on new system they will have to apply for new ID card. This will have to be done at Home Affairs George Branch when you arrive before getting the referral to have an interview with an immigration officer. I believe that you can make application for this at an SA Embassy, this would be outside SA but I am not totally sure.
No Lawful impediment letter
For the non SA Citizen getting married in South Africa, our Home Affairs require an official no lawful impediment letter from your relevant government department in your country of origin basically saying that there is no lawful impediment to you getting married. If they do not issue no lawful impediment letters then you need an official letter on a letterhead signed and stamped from them stating this and only then will Home Affairs in SA accept a notarized oath which I will email you.
Please note that it is the groom or bride’s (whoever is the SA Citizen) responsibility to make sure that your marital status on the Home Affairs system is correct. This is not an issue if you have not been married before but if you are divorced, please make sure you have a final decree of divorce issued from SA containing a case number and the court name. Home Affairs only accept a final decree of divorce issued in SA
A note about dual citizenship
If a person has dual citizenship for example SA and UK citizenship then that person must enter SA on their SA passport. It is an offence to enter SA on a foreign passport.
Unabridged Marriage Certificates amended 2015
A new regulation is that Marriage officers are no longer allowed to apply for unabridged marriage certificates on behalf of couples. An unabridged marriage certificate is like an international marriage certificate that couples who get married in South Africa require in order to register their marriage overseas (or in your country of Origin).
If both partners are non South African Citizens they can personally apply at Home Affairs for an unabridged marriage certificate.
The couple will need to take with them the relevant documentation; copies of passports, entry visa pages, marriage certificate obtained from marriage officer and copies of pages of register.
Please note that Home Affairs no longer issues handwritten unabridged marriage certificates as all applications at the local Home Affairs now get submitted by them to Home Affairs in Pretoria.
Another option is if you have a family member residing in South Africa, you are allowed to authorize your family member to apply for an unabridged marriage certificate on your behalf. A letter giving the family member permission to apply on your behalf and to collect the certificate must be drawn up by you and must be accompanied by a copy of their ID and copies of passports, entry visa pages, marriage certificate obtained from marriage officer and copies of pages of register. This is the latest info from Home Affairs but can change without notice.
If either spouse (or both) is a SA Citizen and gets married in SA using their SA Identity document, they will obtain a printed unabridged marriage certificate which is processed in Pretoria so that it can be captured on the Home Affairs System. Again, couples can apply for this at a Home Affairs Branch in South Africa or at the South African Embassy overseas where they reside or give permission to a family member to apply on their behalf. (Please note that it is common for this process to take up to 8 months or longer before you obtain your unabridged marriage certificate.)