Marriage Questions

Important Marriage Questions:

[Q] We are excited, we want to get married, what now?

[A] Contact Natalia, by WhatsApp, message or email to request a quote and to set up an appointment (whether personal or virtual). If the date is still available with the Marriage Officer, you can book the date by making a deposit.

[Q] What are the legal documents needed to officiate my marriage?

[A] 4 Passport photos of bride and bridegroom
Copies of bride’s SA ID book/card
Copies of bridegroom’s SA ID book/card
Copies of two witnesses SA ID book/card
Copy of legal letter by lawyer stating the type of contract (if ante nuptial)
If Divorced- Copy of the Final Divorce Decree
If Widowed- Copy of the Death certificate of
deceased spouse.

[Q] We are planning a wedding and might consider a small intimate gathering. What are the requirements?
[A] The law pertaining to marriage solemnisations require that the bride and groom, and at least (but not limited to) two witnesses and the Marriage Officer be present.

[Q] What is the difference between an ante-nuptial contract or exclusion of community of property contract?
[A] An Ante nuptial Contract, also known as a Prenuptial Contract or Prenup, is a contract entered into by two people prior to their marriage. to stipulate the terms and conditions for the exclusion of community of property between them. Each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If you choose not to enter an A.N.C then you are automatically married in community of property. The ante nuptial contract will however be administered by a lawyer (this is excluded from my fees)

[Q] What are the requirements for the ante-nuptial contract?

[A] If you intend to enter an ante-nuptial contract this must be concluded prior to the day of the wedding and a letter from your Lawyer must accompany other legal required documents as stated here. NB: Ante-Nuptial Contract MUST be signed at Lawyer BEFORE the date of the wedding. I can recommend lawyers who specialize in these contracts at fair prices.
[Q] Do we have to get married in a structure with 4 walls and a roof?

[A] It is legally required that a marriage ceremony can take place in a public office, a church or a building used for religious services or a private residence (home). Access to the building must be easy (open doors). Most venues accommodate these legal requirements

[Q] One or both us are not South African- can we still get married?

[A] Yes, absolutely. Although the administration process is a bit more complicated than usual. In the case of either of you not being a South African resident, the Marriage Officer will require certified copies of your passport, visa page and picture page. The Marriage Officer will request you to complete Form 31 required by South African Home Affairs. This form needs to be completed by ALL NON-SOUTH AFRICAN RESIDENTS without South African ID documents. Your embassy (from your country of origin) will issue you with a letter of Dekor Legal Impediment stating what your marital status is. If you have both have already been issued with South African Identity Documents the above-mentioned process is not needed.

[Q] I have heard about an unabridged and an abridged wedding certificate… what is the difference, and do we require this document?

[A] The an abridged certificate is printed by a Home Affairs official. This certificate includes your personal details such as full name, ID number and date marriage

[A] An unabridged certificate is a certificate printed by Home Affairs which contains both your personal details such as full name and ID number as well as the date of the marriage. It is a good idea to get this as it generally more acceptable than just the manual certificate. The unabridged certificate (also known as a full marriage certificate) is also printed by Home Affairs and contains more detailed information. This is the most formal form of certificate and is required if you plan to travel extensively, emigrate or obtain a foreign passport. Additionally if one or both of you are not South African the unabridged certificate will be required to register the marriage in your home country. In short, your unabridged marriage certificate is ultimate proof of your marriage and is usable in all circumstances.

[Q] How is our marriage registered?

[A] On the day of the wedding once the ceremony has been concluded you will sign a marriage register along with the marriage officer and two witnesses. The Marriage Officer will submit this register to Home Affairs who will then enter the information onto the system and you will be classified as married. This process can take up to two months depending on the efficiency of the department.

[Q] What documentation do we get once married?

[A] On the day of the wedding you will be given a “manual marriage certificate” which is a blank form filled in with your details by the Marriage