The Civil Union Act of 2006.

The Civil Union Act 17 0f 2006 came into operation on the 30 November 2006 and allows anyone – regardless of their sexual orientation, gender, race, ethnic or social origin – to enter into a civil union through either a registered marriage or civil partnership and provides for the legal consequences of the solemnisation and registration of civil unions.

Civil unions may be conducted by:
• designated marriage officers for specific religious denominations or organisations
• designated officers employed by the Department of Home Affairs and the Magistrates’ Courts
At least two competent witnesses must be present at the ceremony.

Requirements for registering a Civil Union
• Both persons must be 18 years or older to enter into a Civil Union
• Both persons may not be already married in terms of any other Act. E.g. Marriage Act or the Customary Marriages Act.
• The Marriage Officer must have the requisite documents listed below before he/she can register and conclude the civil union.
• Two competent witnesses must be present to witness the civil union.

Documents required to conclude a Civil Union
• Valid South African identity books for both persons entering into the Civil Union
• A valid passport if one of the partners is a foreign national
• A completed Form DHA-1763 (Declaration for the Purpose of Marriage)
• Form DHA-1766 (Civil Union register), which must be completed by the marriage officer
• A completed Form DHA-1764 (Registration of a Civil Union) in which the couple must indicate whether or not they are entering into a Civil Union marriage or a Civil Union partnership
• A copy of the Divorce Order if one of the partners was previously married but subsequently divorced.
If any of the required documentation cannot be produced, one of the partners must submit an affidavit confirming the documents cannot be made available for the purpose of concluding the Civil Union.

Registration of civil unions
• The prospective civil union partners must individually and in writing declare their willingness to enter into the civil union by signing the prescribed documents in the presence of two witnesses.
• The marriage officer and two witnesses must signed the prescribed document.
• The Marriage officer must issue the parties with a registration certificate stating that they have under this Act entered into a marriage or civil partnership as prima facie proof of the civil union.

Legal consequences of a civil union
The same legal consequences that apply to the Marriage act extends to all valid legal civil unions.

https://legal-aid.co.za/marriage/ 

https://poplaw.co.za/popblog/what-is-a-civil-union-and-how-is-it-different-to-marriage 

South African Citizens:

• Both parties must be 18 years of age or older, and in sound mind.

• Clear copies of your (both partners) 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 both partners (colour, white background).

• A completed Form DHA-1764 (Registration of a Civil Union) in which the couple must indicate whether or not they are entering into a Civil Union Marriage (opposite sex) or a Civil Union Partnership (same-sex).

• 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 BI-1764 is required. I have copies of the BI-1764 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.

https://www.dha.gov.za/index.php/civic-services/marriage-certificates 

Yes. Both can be married under the Civil Union Act of 2006, provided they meet all legal criteria as put forth by the laws of South Africa.

• After the ceremony, the marriage officer signs the marriage register with the witnesses (all necessary documentation must be available to the marriage officer on the day, including IDs, proof of death/divorce if necessary, and ante-nuptial contract if required).

• The marriage officer issues a free handwritten Civil Union Registration Certificate (BI-1765) & a signed copy of the Civil Union Register (DHA-1766) - these are both legally-binding documents once signed.

• The marriage officer submits the marriage register to the Department of Home Affairs within 5 working days.

• The marriage details are recorded in the National Population Register (NPR).

The letter of the law says the Civil Union Register needs to be signed under a roof with the windows and doors open. The purpose of this regulation is that it must be done in an open public place so that people can object because it is a contract between two people.

Your wedding ceremony can take place outdoors but the marriage register needs to be signed under a roof with open doors.

All the necessary documentation for South African Citizens and non-South African Citizens can be found in detail HERE

On the day of your wedding, I will give you a (handwritten) abridged Civil Union Registration Certificate and the second copy of the Civil Union 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.

No, you won't. 

On your wedding day I issue you with an abridged Civil Union Registration Certificate and a copy of the Civil Union Register which are the two legal documents stating you have been married. I will also email through to you the stamped second page of the Register which is proof that your marriage has been registered at Home Affairs. You won't get anything from Home Affairs. 

If one partner is changing their surname, you must take in the docs I issued on your wedding day to Home Affairs to apply for a new ID card. Also the Civil Union Certificate I issue is hand written. This is standard, and it is a legally-binding contract.

Couples can obtain a printed one from Home Affairs at any time from when the marriage has been registered.

On the day of the wedding, once the ceremony has been concluded the partners will both sign the Civil Union Register (along with the marriage officer and two witnesses) and will received an original abridged Civil Union Registration Certificate as well as the second copy of the Civil Union 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 

As a Marriage Officer, I am required to submit all documentation to Home Affairs within 5 working days. Once submitted, Home Affairs takes over the responsibility to capture the Union in the population register and update the system with your new status. 

In my experience they are pretty good with this and will do it the day it is submitted, in some cases the following day.  This all means your marriage should be on the system within 14 working days of your wedding. 

• Civil Unions give couples the same rights and responsibilities as Civil Marriages.

• Civil Unions are also known as Civil Partnerships.

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.

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.

An unabridged marriage certificate is like an international marriage certificate that some countries require in order to register a marriage that took pace in South Africa. On your wedding day, the marriage officer will issue you with an abridged marriage certificate and a copy of the marriage register which are both legal documents stating you have been married in SA.

If you reside outside of SA or wish to register your marriage outside of SA you may require an unabridged marriage certificate and in some cases like the Germans, Dutch and Swiss it will need to be affixed with an Apostille Stamp.

Marriage officers are no longer permitted to apply for unabridged marriage certificates on behalf of couples getting married in SA. Please note that Home Affairs no longer provide handwritten unabridged marriage certificates to couples. All unabridged marriage certificates are processed in Pretoria and can take many months to be processed.

Couples can either:

1. Go to the South African Embassy overseas where they live and with the marriage documents they received on their wedding day and apply for an unabridged marriage certificate.

2. If you have a relative in South Africa, you can sign an affidavit at a police station giving them authority to apply and collect an unabridged marriage certificate on your behalf.

3. Another option which is the quickest is to use a company that offers this service on behalf of couples.

An Apostille seal is used to authenticate legal documents for use in foreign countries. A document with an Apostille requires no further certification from an embassy or consulate in order to be legal.

Couples who get married in South Africa but who reside overseas may require an unabridged marriage certificate affixed with an Apostille Stamp.

Please don't be alarmed , this does happen from time to time and is an administrative issue that Home Affairs need to sort out so it will mean the delay of your new marriage being registered. As long as you have the final decree of divorce you can proceed with your wedding which will be legal but please note that the registration of your marriage will be delayed.

So basically Home Affairs (in Pretoria) first need to update your divorce on their system so that your marital status goes from married to divorced and then they can process your marriage. This does take a number of months to be rectified.

However I would recommend that you sort this out before you get married to prevent delays in your marriage getting registered. You can go into your local Home Affairs Office with your ID document and final decree of divorce and request that they update their system.

I would also suggest posting a copy of your final decree of divorce together with a copy of your ID to the address below requesting that they change your marital status from married to divorced.

Department of Home Affairs
Private Bag X114
Pretoria
0001

Att: Divorce Department

Every Marriage Officer has been approved and designated by Home Affairs. They are registered at their respective Home Affairs offices. Their status is confirmed with a “designation letter”. In this letter they are given a designation number.  This number will start with the letters “BD” and followed by a 5 or 6 digit number.  In the case of Civil Union Marriage Officers the number is preceded with “CU” and a 3 digit number. 

IF YOU WANT TO BE SURE YOUR MARRIAGE OFFICER’S CREDENTIALS ARE IN ORDER, ASK HIM FOR HIS DESIGNATION NUMBER AND OFFICE OF REGISTRATION. YOU CAN CONTACT THAT OFFICE AND CONFIRM HIS DESIGNATION.

In my opinion there is nothing worse than a long drawn out wedding ceremony where the marriage officer just likes the sound of his / her own voice. In my experience, especially if your wedding is outdoors the optimal time for a wedding ceremony is between 25 – 30 minutes. Obviously it does depend on what elements you would like included in your wedding ceremony - a wedding ceremony does not have to be long to be special.

The length of a wedding ceremony really depends on a number of factors like how many readings or song items or symbolic gestures you would like included in your ceremony. My focus for a wedding ceremony is primarily a celebration of the love between the couple, and the promises they will be making to each other on their wedding day.

I think a wedding ceremony can be enhanced by involving a family member of friend to read a poem about marriage or even read something personal that they have written about the couple.

I normally use 3 sets of standard vows in the wedding ceremonies I officiate.

1. Legal vows

2. Vows of commitment

3. Ring/token vows

You can also Google wedding vows for a whole host of different choices. We will go through each of these vows together in one of our initial meetings.

Costs of the Registration of a Civil Union: The law in South Africa states that a marriage officer cannot charge a fee for performing the legal registration of a wedding/civil union. It is illegal for a marriage officer to receive a fee, gift, or reward for this service. 

It is, however, acceptable for the marriage officer to request that basic costs be covered by the couple for travel and the time required for meetings and preparation of the spiritual aspects of the ceremony (which are separate services to the legal part of the ceremony, see below). 

The only cost that may be incurred for the legal aspects of the Civil Union are if the couple wants an Unabridged Marriage Certificate, which can be applied for once the Civil Union has been entered in the system at Home Affairs. The couple can to go into their relevant DHA branch and request this, and pay a nominal fee of R75* directly to the DHA to receive this document (more on this below).

*This price may be subject to change annually, so please enquire with Home Affairs.

Optional Additional Services (Separate from the Legal Registration of a Civil Union): A marriage officer who is a minister of religion may offer additional services such as:

• pre-marital counselling (if s/he is qualified to do so)

• a customised religious ceremony (which is performed separately to the Civil Union Registration)

• a meeting at the venue to rehearse the spiritual aspects of the ceremony, and

• items required for the religious ritual itself (such as unity candles, handfasting cords, etc).

Costs such as these are separate to the legal process of registering a Civil Union (which by law cannot be charged for), and are optional add-ons for the couple. 

Any additional costs will first be discussed with the couple before proceeding with optional extras such as those listed above.

This depends on you. I always enjoy helping a couple to design a ceremony that is both legal and personal. These are some options people usually go with:

1. Traditional Religious - consisting of rituals and rites particular to a particular religion/culture (eg, Christian, Pagan, etc).

2. Spiritual - a personal, spiritual approach that is not based in any traditional religious/cultural customs (eg, Universalist).

3. Secular - no mention of religion or spirituality, but a celebration of the love of two human beings as witnessed by loved ones.

No, I will prompt you the whole way and the only response you are required to give to the legal vows is (I DO DECLARE), then during the vows of commitment I will read the vows while you look at each other and at the end of these vows you will respond (I WILL). During the ring vows, I will ask you to repeat the vows after me while looking at your partner.

Unity Candles are a wonderful ritual that acknowledges the role and influence of family in the lives of both the groom and bride. On the one hand it honours the couple's parents/families, and on the other it is a powerful symbol of the two partners becoming one and starting a new family. The two outside candles represent the couple's individual lives. They are two distinct lights, each capable of going their separate ways. As you join now in marriage, there is a merging of these two lights into one light. From now on your thoughts shall be for each other rather than your individual selves. Your plans shall be mutual, your joys and sorrows shall be shared alike. As you each take a candle and together light the centre one, you will extinguish your own candles thus letting the centre candle represent the union of your lives. As this one light cannot be divided, neither shall your lives be divided.

Scottish tradition of Handfasting ritual / blessing: During the ceremony the couples hands will be bound together with 3 cords of gold, silver and white. The couple will then repeat the words of the Handfasting ceremony to each other.

I am an ordained minister of the Pagan faith, registered through the South African Pagan Council (SAPC) and the Department of Home Affairs.

Not at all. I value highly your freedom to choose and will do all that I can to honour your views. Spiritual/Non Spiritual – Religious/Non Religious – Specified Denomination/Non Denominational/Inter Faith.

I value highly your freedom to choose and will do all that I can to honour your views. Spiritual/Non Spiritual – Religious/Non Religious – Specified Denomination/Non Denominational/Inter Faith.

It is totally up to you. I do encourage at least a brief run-through with the couple a week or two before the special day. 

This is actually very helpful, as we can discuss who stands where, how the couple makes their entrance, go through the wedding script, and make any desired edits before the time.

I usually recommend the following outline:

1. Initial meeting (legalities & admin) - this is for me to get to meet you both. Sometimes this meeting is attended by just one partner, but I do recommend both be present. This can also be online. Here we discuss the legal and ceremonial requirements, I answer questions, and ensure you have all the information you need to prepare for the day.

2. Ceremony meeting - here we discuss the details of the day, including the ritual, script, songs, vows, logistic of the venue, etc.

3. Rehearsal - optional, but recommended.

4. The wedding day itself.

5. Pre-marital counselling - optional, but recommended (see below).

Yes. I recommend this process for all couples, regardless of how long they have been together. 

I studied psychology at the University of Johannesburg, am a registered Wellness Counsellor (ASCHP), and spiritual counsellor.

This is a lovely way to address certain topics in a safe and nurturing space. Discussions may consist of finances, conflict resolution, positive communication, family planning, sexual health, spirituality, intentions, mutual dreams/goals, and much more.