Legal Steps to Marry in South Africa
Understanding South Africa’s Laws For Those Who Want to Marry
Learn the legal steps to marry in South Africa, including recent updates to marriage laws.
South Africa recognizes three types of marriages: civil marriages, customary marriages, and civil unions.
To marry legally, both individuals must be at least 18 years old and provide valid identification.
Foreign nationals need a “Letter of No Impediment to Marry” from their embassy.
The Marriage Act of 1961 governs civil marriages, while the Recognition of Customary Marriages Act of 1998 covers customary marriages.
The Civil Union Act of 2006 allows for same-sex marriages.
A new Marriage Bill, introduced in December 2023, aims to unify these laws into a single statute.
This bill seeks to recognize all forms of intimate partnerships, regardless of gender or cultural beliefs.
To proceed with marriage, couples must have their union solemnized by a registered marriage officer.
The ceremony requires the presence of at least two witnesses.
After the ceremony, the marriage officer will issue a marriage certificate.
It’s essential to register the marriage with the Department of Home Affairs to ensure its legality.
Couples should also consider the marital property regime: in community of property, out of community of property, or out of community of property with accrual.
An antenuptial contract is necessary if opting for out of community of property arrangements.
This contract must be signed before the marriage and registered with the Deeds Office.
Understanding these legal requirements ensures a smooth marriage process in South Africa.
