Preparing to get married under the Marriage Act
Download the digital brochure - The Legal Implications of Saying 'I Do' for more information.
If you wish to get married, you must:
• ensure that you are legally allowed to marry;
• understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid antenuptial contract has been entered into before the marriage; and
• ensure sure that your marriage will comply with all the legal requirements for a valid marriage.
Confirm your marital status
Due to the large number of fraudulent and illegal marriages reported to the Department of Home Affairs each year, it is imperative for you to confirm your marital status at any time, on-line on the department’s website: http://www.dha.gov.za/marital_status.asp. 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 to 32551. A reply SMS will be sent back to your mobile phone to confirm your marital status and the date of your marriage, if applicable.
What documents do you need to supply?
On the day of the wedding, the couple must submit the following documents to the person officiating at the wedding:
identity documents (for each person getting married);
• if a foreign national is marrying a South African citizen, they must both present their valid passports, as well as a completed Declaration for the Purpose of Marriage, Letter of No Impediment;
• if the wedding is for a minor (a person under the age of 18 years), written consent of either both the parents/legal guardian or a Commissioner of Child Welfare OR the Minister of Home Affairs or a judge must be submitted. If the minors getting married are under the ages of 18 years for boys or 15 years for girls, written consent from the Minister of Home Affairs is also required;
• if any of the persons getting married are divorced, then the final decree of divorce must be furnished; and
• if any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted.
Useful Information
The legal implications of saying "I Do" - open the PFD and save the Brochure! The information provided is really useful, and easy to print for you to read through later!