The Legal Stuff

Getting married is so exciting! Flowers, music, food, dress, cake, suit……
But get the legal stuff done first so that you can proceed with peace of mind about the registration of your marriage at Home Affairs.
Good to know:
- I can certify all your documents if I see the original
- You will be married in Community of Property (by default) unless you draw up a marriage contract BEFORE you get married. I can refer you to an excellent attorney who happens to share my name. Your attorney will give you a letter of confirmation that you have signed a contract which will be handed to Home Affairs when your marriage is registered along with all your other documentation.
- On the day of your wedding I will issue you with an Abridged Marriage Certificate. Only Home Affairs can issue Unabridged Marriage Certificates so you will need to pay them a visit if you require one. Foreigners can apply at the South African Embassy in their home country after the wedding.
So what documentation will you need……?
…….WHEN TWO SOUTH AFRICANS GET MARRIED
- Certified copies of your South African IDs (*passports and driver’s licences are not accepted if you are South African)
- Certified copies of witness’s IDs ( *)
- 3 X colour ID photos
- Where applicable a Final Divorce Decree/ Death Certificate. If you have previously been married it is your responsibility to check with Home Affairs to confirm your marital status as sometimes divorces and deaths have not been captured on the Population Register.
…….WHEN A SOUTH AFRICAN MARRIES A FOREIGNER
- Your Marriage Officer will need to write an Introductory Letter for you to take to a Immigration Officer who will interview you and issue the Marriage Officer with the written outcome.
- A Letter of Non-Impediment must be acquired from the country of origin. Both the original and a translated copy if it is written in any other language. Please note the UK do not issue these letters but you will still need to request such a letter from the Embassy (? I know). The UK foreigner will then need to produce a sworn affidavit stating their status.
- The foreigner must produce a certified copy of their picture page of Passport, the page with the last custom entry stamp and visa.
- 3 X colour ID photos
- South African partner needs to produce certified copy of ID (*)
- Two witnesses to produce certified IDs
- Where applicable a Death Certificate/ Final Divorce decree. The foreigner also needs a sworn affidavit and the South African to check marital status with Home Affairs.
…….WHEN TWO FOREIGNERS GET MARRIED
- Both must produce an original Letter of Non-Impediment and a translated copy into English if necessary
- Copies of their picture page in passport, last entry customs stamp and visa
- Where applicable Death certificate/ Final Divorce Decree with Apostille stamp and translated into English where necessary. Also both must acquire sworn affidavits
- 3 X colour ID photos