Legalities

There are a number of requirements which one needs to meet in order to be married in South Africa.  If there is anything you are uncertain about, please contact me using the booking enquiry form.  

Prerequisites:

1. Both parties must be 18 years or older
2. Both parties should be in possession of a South African bar coded ID book or complete an affidavit obtainable from the Marriage Officer.
3. Two Witnesses (18 years or older)

Paperwork Required:

  • 2 x Copies of bar-coded ID book (each) or Affidavit
  • 3 x ID photos (each)
  • 2 x Certified copy of Divorce Order or Death certificate (if applicable)
  • 2 x Copies of each Witnesses ID / Passport
  • Letter from your Lawyer if you have drawn up an Ante-Nuptial Contract.

Non-Citizens must also provide the below, in addition to the above.

  • 2 x Certified copies of Passport (photo page)
  • 2 x Certified copies of Tourist Visa, Immigration permits or Temporary Visitors Permit (if applicable)
  • 1 x Letter of Non-Impediment from Embassy in Country of Origin. (Confirming marital status)
  • 1 x Affidavit (Provided by Marriage officer) signed by Commissioner of Oaths
  • Clearance Letter from the Department of Home Affairs**

**Couples where one or both parties are not South African citizens are required to attend an interview with an Immigration Officer at the Department of Home Affairs  (5th Floor Barrack Street, Cape Town) to obtain clearance for the marriage. This is to prevent “marriages of convenience” to gain citizenship.   It is suggested that the interview be booked  3 – 6 weeks in advance to avoid any disappointments or delays so please take this into consideration when booking your wedding. The interviewing officer will issue a clearance letter which will be sent to the marriages department and then attached to the marriage register once it is received from the marriage officer.

Very Important, please note:

If you are South African divorced in another country, please verify that the divorce has been processed in that country. If not, you need to get it validated by the embassy of the country first as you need to submit a copy of the divorce and letter of validation to your nearest Home Affairs department to be sent to Pretoria for processing. Divorces and Deaths must be processed before a marriage can take place.

Assuming a surname:

Heterosexual marriages:
A woman may assume her husband’s surname, or revert to her maiden surname or a prior surname she legally bore, and since 1997 a woman may also join her surname with that of her husband’s as a double-barreled surname.

Same-sex marriages:
The Civil Union Act permits either party to assume the surname of his/her partner. Either party may also join his/her surname with that of his/her partner as a double-barreled surname.