So, you've found the love of your life and have decided to embark on the timeless journey of matrimony in the beautiful landscape of South Africa. Congratulations!
But, before you dive into wedding planning, there are some essential, and quite fascinating, legalities to be aware of. Here's your guide to saying "I do" in the Rainbow Nation!
The Many Faces of Marriage
South Africa is rich in culture and traditions, and its marriage laws reflect this diversity. Here are the kinds of unions you can opt for:
Civil Marriages: The classic route, with the added perk that it's governed by the Marriage Act.
Customary Marriages: For those embracing traditional African roots, recognized since November 2000.
Civil Unions: An inclusive option, from 2006, for anyone and everyone!
Before the Big Day
Eligibility Check:
Make sure you're legally good to go. It's like ensuring you're on the guest list of the hottest event in town!
Love, Unity, and... Property?:
Fun fact! By default, South African marriages mean everything's shared, unless you've set up an ante-nuptial contract.
Legal Guidance:
If the legal jargon gets too confusing, it's okay to seek expert advice. After all, you'd hire a wedding planner for the big day, right?
Is It Just Cold Feet?
Feeling unsure? With a rise in, let's say, "unexpected" marriages, South Africa offers a way to check your marital status. Think of it as your relationship's credit score!
Checking Before you Buy
You will need your South African ID number in order to use this facility.
You can also sms the letter M followed by your ID number (example: M 5001010050080) to 32551 A reply sms will be sent back to your cellphone to confirm your marital status and the date of your marriage. (R1 per sms and will be charged by your network service provider).
Get Your Papers in a Row
Imagine this: The big day arrives, you're at the altar, and...oops, forgot the ID! Here’s your checklist:
ID Books: The golden ticket for both lovebirds.
International Love: Foreign nationals need to spice it up with valid passports and a BI-31 Form.
Young Love: Minors need parental consent. And, in unique scenarios, a nod from the Minister of Home Affairs.
Second Chances: For those who've loved before, bring along your final decree of divorce or a death certificate.
The Perfect Venue
Whether it's a grand church, a quaint office, or even a hospital room, ensure you have two witnesses and an authorized marriage officer to seal the deal.
However, the Department of Home Affairs states that a marriage must be conducted in the presence of at least two witnesses in a church or another building used for religious services with open doors Therefore, it is recommended to keep the doors open during the wedding ceremony in South Africa
Documenting Your Forever
Once you've said your vows, you get a handwritten marriage certificate. It's like the golden ticket to your forever fairytale. And if you need more copies (for those scrapbooking moments), it's an easy process.
After the marriage officer submits the marriage register to the nearest office of the Department of Home Affairs for recording in the National Population Register (NPR), you can then collect your certificate.
To obtain your marriage certificate, visit your nearest Home Affairs office, complete the required form, pay the associated fee, and collect your certificate.
P.S. Ladies, when updating your ID with your new married surname, keep in mind that this process might take longer than obtaining the marriage certificate itself
Know the Boundaries of Love
Some unions aren't meant to be:
Too Young?: Minors might need to jump through a few hoops.
Already Taken?: Being hitched to two at the same time is a no-go in South Africa.
A man may not marry any person mentioned below
Mother
Daughter
Father’s mother
Mother’s mother
Son’s daughter
Daughter’s daughter
Sister
Wife’s mother
Wife’s daughter
Father’s wife
Son’s wife
Father’s father’s wife
Mother’s father’s wife
Wife’s father’s mother
Wife’s mother’s mother
Wife’s son’s daughter
Wife’s daughter’s daughter
Son’s son’s wife
Daughter’s son’s wife
Father’s sister
Mother’s sister
Brother’s daughter
Brother’s daughter’s daughter
Sister’s daughter
Sister’s daughter’s daughter
Sister’s son’s daughter
A woman may not marry any person mentioned below
Father
Son
Father’s father
Mother’s father
Son’s son
Daughter’s son
Brother
Husband’s father
Husband’s son
Mother’s husband
Daughter’s husband
Father’s mother’s husband
Mother’s mother’s husband
Husband’s father’s father
Husband’s mother’s father
Husband’s son’s son
Husband’s daughter’s son
Son’s daughter’s husband
Daughter’s daughter’s husband
Father’s brother
Mother’s brother
Brother’s son
Brother’s son’s son
Sister’s son
Sister’s son’s son
Sister’s daughter’s son
Embrace Tradition with Customary Marriages
Marry in harmony with indigenous African customary laws. A unique and beautiful way to honor traditions, but with its set of guidelines. Watch out for our special article coming soon on this subject
Civil Unions: Love Knows No Bounds
Since 2006, anyone can tie the knot with the one they love, irrespective of gender or orientation, under the Civil Union Act.
Visit The Department of Home Affairs for more detail information regarding any of the above information.
In the grand tapestry of wedding planning, these legalities are just threads that weave together to create your perfect day. Here's to love, laughter, and a happily ever after in South Africa!
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