A Legal Guide for Marriage Officers
OVERVIEW
• Statistics
• Legislation
• Verification of marital status
• Documents required
• Where must a marriage be conducted
• Marriage formula
• Marriage Certificate
• Proprietary Consequences
• Name changes
STATISTICS: Marriages 2014
Civil Marriages Customary Marriages Civil Unions
2%1%
97%
STATISTICS: Divorces 2014
24800
24600
24400
24200
24000
23800
23600
23400
2014 2013
PREPARING TO GET MARRIED:
Legislation Governing Marriage in South Africa
Marriage Act (25 of 1961)
Recognition of Customary Marriages Act (120 of 1998)
Civil Union Act (17 of 2006)
1. VERIFYING YOUR MARITAL STATUS
2. DOCUMENTS REQUIRED
Single + South African =
Identity documents of both parties
Identity documents of witnesses
Divorced + South African =
Identity documents of both parties
Identity documents of witnesses
Decree of divorce
2 Photographs each (marriage register)
2. DOCUMENTS REQUIRED
Foreign Nationals =
Letter of no impediment
Declaration for the purpose of marriage form
Copy of passport (immigration stamp)
Widow / Widower =
Identity documents of both parties
Identity documents of witnesses
2 Photographs each (marriage register)
Death Certificate
2. DOCUMENTS REQUIRED
Minors =
Male under 18
Female under 15
Identity documents of both parties
Identity documents of witnesses
2 Photographs of each (marriage register)
BI-31 form signed by both parents / guardians
3. WHERE MUST A MARRIAGE BE CONDUCTED?
Church or another building
used for religious services
Public officer or private house
Serious illness or injury –
hospital or concerned facility
4. MARRIAGE FORMULA
“Do you A, declare that as far as you know there is no
lawful impediment to your proposed marriage with B
here present, and that you call all here present to
witness that you take A as your lawful wife/husband?”
“I declare that A and B here present have been lawfully
married”
5. MARRIAGE CERTIFICATE
Marriage Officer = Lodge at Home Affairs
1. Marriage Register
2. Identity Documents
6. PROPRIETARY CONSEQUENCES:
How do I protect my assets after marriage?
MARRIAGE IN COMMUNITY OF PROPERTY
• Spouses estates are joined together
• Each has an undivided share or indivisible half share of the joint
estate
MARRIAGE OUT OF COMMUNITY OF PROPERTY
• No joining of spouses estate
• Must enter into an Ante Nuptial Contract
• Each party administers their own estate
6. PROPRIETARY CONSEQUENCES:
Marriage Out of Community Of Property
ANTE NUPTIAL CONTRACTS (ANC)
Regulate the property system that will govern their marriage.
6. PROPRIETARY CONSEQUENCES:
Marriage Out of Community Of Property
• Executed before a Notary prior to the marriage
• Registered within 3 months from the date of
execution
• Adaptable contract
• Uncertain about the legal aspects, speak to a Notary
7. WHAT IS THE LAW REGARDING NAME CHANGES?
Section 26(1) of the Birth and Death Registries Act:
Assume partners name
Resume a surname previously used
Join his/her birth name with that of partner
Retain own name
Marriage Act (25 of 1961)
Recognition of Customary Marriages Act (120 of 1998)
Civil Union Act (17 of 2006)
THANK YOU
