GETTING MARRIED IN CAPE TOWN SOUTH AFRICA Legal Requirements for marrying in South Africa There are certain requirements with regards to getting married in South Africa that we would like and must bring to your attention. Please be assured that Wedding Cape Town provide qualified and experienced Ministers and professionals to ensure your wedding is both legal and stress free! License requirements: For our International clients there is currently no stipulated period of time that is required for you to be in the country before you are married. An identity document (passport for those couples from U.K, Ireland, Europe and other countries) and birth certificate has to be produced in order to obtain the International Unabridged Marriage Certificate. This will ensure your marriage is legally recognised in the country in which you reside. The bride and grooms passports must be photo-copied and these copies must be certified by a South African qualified Commissioner of Oaths. The bride and groom must also supply the country and address where they will reside (live) after the wedding in South Africa. Bride & Grooms from abroad must also provide a copy of their entry visa into South Africa from their passport which must be certified by a South African qualified Commissioner of Oaths. The wedding (signing of the documents not actual ceremony) has to take place in a building with a roof and address (no further requirements). Two people aged over 18 need to witness the wedding (they also have to produce an identity document (Passport) and certified copies from a South African qualified Commissioner of Oaths. Only official marriage officers can officiate a civil marriage. If either or both of the bride and groom have been married before, a divorce certificate or the death certificate of the spouse has to be produced. The International Unabridged Marriage certificate is issued once the Minister obtains the bride & grooms Marriage Certificate. This can be a lengthy process taking up to 3 months as the certificate has to be issued by the Dept. of Home Affairs normally in Pretoria. The Minister will register post the Unabridged International Marriage Certificate to the bridal couples chosen address. Same sex weddings 
The new law came into effect after a lesbian couple asked to have the wording of the common-law marriage law to read "union between two persons" instead of "union between a man and a woman." Justices said denying gay and lesbian couples the right to marry violated the constitution's guarantee of equal rights. It is criticized though, that the law allows clergy and civil marriage officers to not perform same-sex wedding ceremonies if their conscience prevents it. The process and legal requirements for same-sex weddings are as previously stated but differ from heterosexual weddings as follows: Same sex couples must be over 21 years of age. 2 passport photos of each of the partners must be produced to the Minister conducting the service. The 2 witnesses required must also produce 2 passport photos each. Home Affairs official Regulations The solemnization and registration of civil marriages are governed by the Marriage Act, 1961 (Act No. 25 of 1961), hereinafter referred to as "the Act", and the Regulations issued in terms of the Act.
Marriage OfficersOnly marriage officers authorized in terms of Act No. 25 of 1961 to perform marriages may do so. Presently civil marriages are solemnized at offices of the Department of Home Affairs and at churches with authorized marriage officers. Perfect Cape Town Wedding has 2 suitably qualified marriage officers. Place of marriage, witnesses In terms of the Act, a marriage must be conducted in a church or another building used for religious services, or in a public office or private house, with open doors, and in the presence of the parties to the marriage and at least two witnesses. However, in the case of serious illness or injuries, the marriage may take place in the hospital or facility concerned. Prospective marriage couples Prospective parties to a marriage should ensure that they are allowed to marry; that they understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid ante-nuptial contract has been entered into before the marriage; and that their marriage will comply with all the legal requirements for a valid marriage. Should they be unsure of any of this, legal counsel should be sought before the marriage is entered into. Solemnisation: documents to be presented Identity documents: If they have never obtained documents, an affidavit BI-31 may be furnished in lieu of identity documents and, if their births are registered, also their birth certificates be present. Foreigners must present their passports. If minors, the written consent as prescribed. If divorced, the final decree of divorce. If for any sound reason a person is unable to produce a decree of divorce or if a person was divorced in a foreign country and cannot obtain a decree of divorce an affidavit by the person concerned is required to the effect that he/she is legally divorced, and stating the name of the court which granted the divorce and the date on which it was granted. If widowed, the deceased spouse’s death certificate. If a death certificate is not available the person concerned is required to submit an affidavit confirming the death of the deceased spouse and stating the name of the deceased and the date of death. Marriage Register After solemnisation of the marriage, both parties to the marriage, the two witnesses and the marriage officer must sign the marriage register, upon which the marriage officer must issue the parties with a marriage certificate. Registration and certificates
 After the marriage, the marriage officer must submit the marriage register to the nearest Home Affairs office for recording of the marriage particulars in the National Population Register (NPR). All subsequent issues of marriage certificates are subject to completion of an application BI-130 and payment of a prescribed fee. A full (unabridged) certificate may also be applied for. Applications for marriage certificates should be lodged at your nearest Home Affairs office.
|
