Here’s a comprehensive overview of the legal requirements and processes for getting married in South Africa.
South Africa is one of the most developed countries on the African continent and even goes head-to-head with some Western nations in terms of economy. Per Heritage.org, South Africa has a highly developed economy and an advanced infrastructure. One of the world’s largest exporters of gold, platinum, and other natural resources, it also has well-established financial, legal, communications, energy, and transport sectors and Africa’s largest stock exchange.
South Africa, often shortened as SA, is also rich in culture, which has seen a transition from traditional customs to a dynamic fusion of heritage and contemporary influences. This cultural tapestry is vividly reflected in South African weddings, where rituals and ceremonies celebrate the diversity of the nation.
From vibrant ethnic ceremonies to modern urban celebrations, South African weddings encapsulate a spectrum of cultural expressions that make each union a unique and deeply meaningful experience.
Apart from the cultural intricacies inherent in the institution of marriage in South Africa, a discerning examination illuminates the indispensable legal dimensions that warrant meticulous consideration. This exposition is dedicated to a thorough exploration of the procedural and legal prerequisites associated with the solemnization of marriage within the legal framework of South Africa. Delving beyond the variegated cultural norms, this article aims to dissect the intricacies of legal protocols essential for those embarking on the journey of matrimony within the jurisdiction of the Republic of South Africa.
Types of Marriage in South Africa
Getting married in South Africa is a wonderful experience that many couples choose to pursue. The country is blessed with a diverse range of landscapes and cultures, making it an ideal location for a memorable wedding.
What are the 3 types of marriage in South Africa? Three types of marriages are recognised under South African law: civil marriages, customary marriages, and civil unions.
Civil marriages in South Africa are conducted according to the Marriage Act of 1961. These are secular ceremonies officiated by a marriage officer, typically a magistrate, minister of religion, or other recognized officials. The process involves submitting a notice of the intention to marry, and the marriage is registered with the Department of Home Affairs. Civil marriages are recognized as legally binding unions, and couples must comply with the legal requirements, including obtaining a marriage certificate.
The definition of a customary marriage is one that is “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. This type of marriage is rooted in the diverse cultural traditions of South Africa. Governed by the Recognition of Customary Marriages Act of 1998, these unions are conducted according to the customs and traditions of specific communities. The process involves negotiations, payment of lobola (bride price), and adherence to specific rituals. To be legally recognized, customary marriages must be registered with the Department of Home Affairs, ensuring that they comply with both cultural customs and legal formalities.
Civil unions, introduced by the Civil Union Act of 2006, provide an alternative for couples seeking legal recognition without religious or gender-specific connotations. Civil unions can be entered into by both heterosexual and same-sex couples. The process is similar to that of a civil marriage, requiring a notice of intention to enter into a civil union and registration with the Department of Home Affairs. Civil unions afford couples the same legal rights and responsibilities as marriages, offering an inclusive legal framework for various forms of partnerships.
A Brief Overview of The Legal Marriage System in South Africa
In the vibrant tapestry of South Africa, where traditions harmonize with modernity, the journey to matrimony is guided by a set of intricate legalities.
South Africa has a well-developed legal framework for marriages, which ensures that the process is straightforward and transparent.
The Marriage Act of 1961 forms the backbone of South African marriage laws, providing a framework within which couples embark on the sacred union of hearts.
The solemnisation and registration of these marriages are managed by the Department of Home Affairs.
When you enter into a civil marriage or civil union, per the South African Government website, the marriage officer will issue a handwritten marriage certificate free of charge at the ceremony. You can apply for a copy of the marriage certificate from the Department of Home Affairs if you have been married in South Africa and your marriage is registered. The first issue of an abridged marriage certificate is free, but you will have to pay for a second issue or an unabridged certificate. If one partner has passed away and you need to prove that you have been married, an unabridged marriage certificate will be issued.
You must register your customary marriage within three months of the date of celebration or entering into the marriage to make it legal. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas without Home Affairs offices.
In this article, highlighting a comprehensive guide, we will share the labyrinth of legal requirements and processes couples must take to formalize their commitment under the South African sun.
Legal Processes for Marriage in South Africa
The initiation of a marital journey in South Africa begins with a clear understanding of the legal prerequisites. Central to this is the acquisition of a valid marriage license from the Department of Home Affairs. To obtain this license, couples must appear in person at a Home Affairs office, presenting original identity documents or passports. Non-South African citizens must also provide a valid visa or residence permit. It’s crucial to note that all documents not in English must be accompanied by an official translation.
Once the necessary documentation is in order, couples face a 21-day waiting period before the marriage ceremony can take place. This interval is designed to allow for public objections and provides ample time for contemplation before officially tying the knot.
Choosing a Marriage Regime:
South Africa offers couples the flexibility to choose their marriage regime, a decision that influences the ownership and management of assets within the marital union. The three primary options are:
- Community of Property: This is the default marriage regime, where all assets and liabilities are shared equally between spouses, regardless of when they were acquired.
- Out of Community of Property with Accrual: Spouses maintain separate estates, and each accumulates assets individually during the marriage. Upon dissolution, the estate with greater growth compensates the other.
- Out of Community of Property without Accrual: The most autonomous option, where spouses maintain separate estates without any sharing of assets or liabilities acquired during the marriage.
Understanding these marriage regimes is vital, as they have far-reaching implications for financial matters and the division of assets in the event of divorce or death.
Civil vs. Customary Marriages:
In South Africa, couples can choose between a civil or customary marriage. Civil marriages, solemnized by a marriage officer, are governed by the Marriage Act and are legally binding across all cultural and religious affiliations. On the other hand, customary marriages, rooted in the traditions of specific cultural groups, must comply with the Recognition of Customary Marriages Act of 1998. Such marriages involve unique rites and ceremonies, varying between cultures, and must be registered with the Department of Home Affairs within three months to be legally recognized.
Customary marriages may include polygamous unions, a practice acknowledged and protected under South African law. However, it’s crucial to adhere to the specific customs and procedures of the relevant cultural group, and registration is mandatory for legal recognition.
Religious and Civil Celebrations:
South Africa embraces religious and civil diversity, allowing couples to choose the type of ceremony that resonates with their beliefs. Religious ceremonies may take place in churches, mosques, synagogues, or temples, officiated by authorized religious leaders. Civil ceremonies, conducted by marriage officers designated by the Department of Home Affairs, offer a secular alternative. Both religious and civil ceremonies must adhere to the legal requirements outlined in the Marriage Act.
Post-Ceremony Legal Procedures:
After the marriage ceremony, couples must ensure that the marriage officer records the details in the marriage register. A marriage certificate is then issued, serving as legal proof of the union. This certificate is crucial for various administrative purposes, including changing one’s marital status on official documents like passports and driver’s licenses.
Challenges and Special Cases:
Navigating South African marriage laws may pose challenges for certain individuals or couples. Non-South African citizens must ensure their legal status in the country, and additional documentation, such as a Letter of No Impediment, may be required for foreigners. Same-sex marriages are legally recognized in South Africa, with the Marriage Act amended in 2006 to remove gender-specific language. However, it’s essential to stay informed about any legal developments that may impact marriage equality.
Legal Requirements of Getting Married In South Africa
To get married in South Africa, both partners must meet the following legal requirements:
Age: Both partners must be at least 18 years old to get married in South Africa. If either partner is under 18, they will need to obtain parental consent or a court order before they can get married.
Identity: Both partners must provide a valid South African identity document (ID) or passport. If either partner is not a South African citizen, they will need to provide a valid passport and may need to provide additional documentation, such as a visa or work permit.
Marital status: Both partners must be legally single and not married to anyone else. If either partner has been married before, they will need to provide a divorce certificate or death certificate if their previous partner has passed away.
Witnesses: You will need at least two witnesses for your wedding ceremony. These witnesses must be over 18 years old and have valid identification documents.
Once you have met these legal requirements, you can proceed with planning your wedding in South Africa.
What is the new South African Marriage Act?
In 2022, a new law was implemented about marriages in South Africa called the Draft Marriage Bill 2022. According to the Centre for the Study of Violence and Reconciliation, an independent non-governmental organisation established in South Africa in 1989, the intention of the South African Legislature is to change its marriage law to recognize all forms of intimate partnerships, irrespective of gender, sexual orientation, or religious, cultural, and other beliefs.
This is in line with the broader goal of our country: to reach substantive equality on all fronts and bring legislation regarding marriages in line with the Constitution.
Even though the bill promotes important constitutional values, it does not sufficiently reflect changing social and economic conditions. Specifically, it ignores polyandry—the marriage of a woman to more than one man—and unmarried partnerships.
Per News24, the bill creates ambiguity because it does not stipulate the fate of a subsequent customary or religious marriage.
What do I need to do to get married in South Africa?
First things first, let’s get the legal side of things out of the way. To get married in South Africa, both parties must be over the age of 18 and unmarried. If either party has been married before, they must provide proof that the marriage has ended via a divorce or death certificate.
You will also need to provide your ID book or passport, and if you’re not a South African citizen, you will need to provide proof of residency.
Documents needed
- Passport
- A letter of Non-Impediment from your embassy or consulate
- Copies of 2 witnesses’ passports
- Divorce certificate (if necessary)
- Death certificate (if you have been widowed)
Once you have all of the required documents, you can visit your local Home Affairs office to give notice of your marriage. This needs to be done at least three months before your big day.
A legal guide to planning for your wedding day
Once you have your date and venue sorted, it’s time to start thinking about what kind of wedding you want. Will it be traditional or modern? Big or small? Formal or informal? These are all important questions that will help shape the rest of your plans.
Once you have a general idea of what kind of wedding you want, start thinking about things like flowers, decorations, food and drink, music and entertainment, and stationery. There are endless possibilities when it comes to weddings, so try to narrow down your options early on so that you don’t get overwhelmed closer to the big day.
Marriage certificate: After your wedding ceremony, you will need to register your marriage with the Department of Home Affairs. You will need to provide your identity documents, witnesses’ identity documents, and the marriage officer’s certificate of marriage. The Department of Home Affairs will issue you with a marriage certificate, which is a legal document that proves your marriage.
Marriage contracts: You may want to consider entering into a prenuptial agreement or an ante-nuptial contract before getting married. These contracts can protect your assets and clarify the distribution of property in the event of a divorce.
Budget: Weddings can be expensive, so make sure that you have a realistic budget in place before you start planning. Consider all of the costs, including venue hire, catering, photography, and decorations, as well as any additional costs such as transport and accommodation.
Cultural considerations: South Africa is a diverse country with many different cultures and traditions. If you are planning a wedding that incorporates cultural elements, make sure that you are respectful and sensitive to the traditions of the culture you are borrowing from.
Legal advice: If you are unsure about any of the legal requirements or contracts related to getting married in South Africa, seek legal advice from a qualified attorney. They can provide you with the information and guidance you need to make informed decisions.
Image Source: Getty
Is same-sex marriage allowed in South Africa?
On November 30, 2006, South Africa became the first and remains the only African country to legalize same-sex marriage, with a constitution that also protects against discrimination based on sexual orientation. A bill was also introduced in 2018 to criminalize hate crimes and hate speech, and in 2020, South Africa’s President Cyril Ramaphosa passed into law the Civil Union Amendment Act, which prohibits marriage officers from refusing to conduct same-sex marriages.
While these developments are a great step forward on paper, in reality, the country still has a long way to go, with hate crimes against the LGBTQIA+ community still prevalent.
While it has been legal for over a decade, these legal requirements are the same for gay marriages.
Conclusion:
As couples embark on the profound journey of marriage in South Africa, a nuanced understanding of the legal landscape is indispensable. The Marriage Act of 1961, with its various provisions and marriage regimes, forms the framework within which unions are legally recognized and protected. Whether choosing a civil or customary ceremony, the commitment to fulfilling legal requirements ensures a solid foundation for a lifelong partnership. Through the diversity of traditions, the unity of hearts is celebrated, and South Africa stands as a testament to the beauty of harmonizing legalities with the rich cultural tapestry that defines the nation.
