1. What Are the Legal Requirements to Get Married in South Africa? Many couples have questions about marriage laws, requirements, and processes. Consequently, we answer some of the most frequently asked questions about marriage in South Africa.
To legally marry in South Africa, you must:
• Be 18 years or older (unless you have special consent for minors).
• Not be married to someone else under South African law.
• Marry in the presence of a registered marriage officer and two witnesses.
• Have valid identification documents (South African ID or passport for foreigners).
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2. What Are the Different Types of Marriages in South Africa?
South Africa recognizes three types of marriages:
• Civil Marriage – The most common, governed by the Marriage Act.
• Customary Marriage – Recognized under the Recognition of Customary Marriages Act, usually for traditional marriages.
• Civil Union – Covers same-sex and opposite-sex couples, offering the same legal rights as civil marriages.
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3. Do We Need an Ante-Nuptial Contract (ANC)?
If you don’t sign an ante-nuptial contract (ANC) before marriage, you are automatically married in community of property, meaning all assets and debts are shared.
With an ANC, you can choose:
• Out of community of property (without accrual) – Each spouse keeps their own assets and debts.
• Out of community of property (with accrual) – Each spouse keeps their assets, but what they acquire during the marriage is shared.
An ANC must be drafted by a notary public and registered before the wedding.
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4. Can Foreigners Get Married in South Africa?
Yes, but foreigners must provide:
• A valid passport with a visa.
• A Letter of No Impediment from their home country confirming they are free to marry.
• If previously married, a divorce decree or death certificate of a late spouse.
5. How Do We Register Our Marriage?
Your marriage officer will issue a Marriage Certificate (BI-27) immediately after the ceremony. The marriage must then be registered at the Department of Home Affairs (DHA), where you can apply for a full unabridged marriage certificate.
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6. How Long Does It Take to Get a Marriage Certificate?
• The abridged certificate (issued on the wedding day) is immediate.
• The unabridged certificate (needed for visas and international use) can take a number of months
Marriage FAQ – Marriage Officer
https://www.marriageregistration.co.za/whatsapp-marriage-officer/
