FAQs
Frequently Asked Questions
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.
What are the legal requirements for getting married in SA?
South African Citizens:
Clear copies of your (bride & groom) green identity documents (for South African citizens).
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).
Three recent ID / passport photographs of bride, groom (colour).
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 both witnesses need to be SA Citizens (Both witnesses have to be 21 years or older).
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.
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.
Non South African Citizens:
All of the above documents
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.
If your country of origin does not issue a no lawful impediment letter you need this in writing (signed and stamped) and then I will also send you an oath in this regard. The no lawful impediment letter cannot be older than three months at the time of your wedding.
When a SA citizen marries a non SA Citizen the couple are required to go for an interview at Home Affairs with an immigration officer. This regulation is an effort to cut down on marriages of convenience. Home Affairs requires that the bride and groom go in person to Home Affairs 7 working days before their wedding to set a date for an interview with an immigration officer.
What documentation etc do we need on the day?
All the necessary documentation for South African Citizens and non-South African Citizens can be found in detail HERE
What documents will I get on the day of my wedding?
On the day of your wedding, I will give you a (handwritten) abridged marriage certificate and the second copy of the marriage register.
These are legal documents that you need to keep in a safe place. In case you ever lose your marriage certificate or your copy of the marriage register, I do keep certified copies.
How is a marriage (Civil Union) registered?
On the day of the wedding, once the ceremony has been concluded the partners will both sign the marriage register (along with the marriage officer and two witnesses) and will received an original abridged marriage certificate as well as the second copy of the marriage register. The marriage officer submits the documents to Home Affairs within five working days.
For South African Citizens to check to see when their marital status has changed and their marriage has been registered -visit https://d7.westerncape.gov.za/service/check-your-marital-status
What is a letter of "no lawful impediment", and do I need one?
From August 2010, Home Affairs in South Africa stated that couples who are not South African citizens and wish to get married in South Africa need to provide what is called a letter of no lawful impediment. This letter is obtained from the bride and or groom’s home office in their country of origin. It basically states that there is no lawful impediment to them getting married overseas (like in South Africa).
As a marriage officer, I am requested to submit this letter with the other required documentation to Home Affairs. Currently I do not take on these requests, and suggest the couple makes an appointment at Home Affairs directly to solemnise their union to ensure all relevant documentation is in order.
Couples who are South African citizens do not require this letter as their marital status is on the Home Affairs system. It is the responsibility both partners are SA citizens that they check their marital status is correct on the Home Affairs system.
What is an "Ante-Nuptial Contract"?
An Ante nuptial Contract (also known as a "Prenuptial Contract" or "Prenup") is a contract entered into by two people prior to their marriage/Civil Union, to stipulate the terms and conditions for the exclusion of community of property between them.
Each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses.
If you choose not to enter into an A.N.C then you are automatically married in community of property.
Ante-nuptial contract with accrual
Both partners declare the value of their assets at the beginning of the marriage and share any assets acquired during the marriage equally.Ante-nuptial contract without accrual
Each partner has a separate estate and does not share assets with their spouse.
Explanation
An ANC with accrual allows both partners to keep their assets separate during the marriage, but they must share any increase in the value of those assets in the event of a divorce.
An ANC without accrual means that each partner's assets remain separate before, during, and after the marriage. This means that neither partner can claim the other's assets in the event of divorce.
https://www.anccontract.co.za is a great resource to learn more.