The Process of Getting Married in South Africa: What You Need to Know

Can You Get Married at Court in South Africa?

Did You Know?

You cannot get married at Court in South Africa. However, you can get married at the Department of Home Affairs.

How to Legally Get Married in South Africa

Many couples are uncertain about the process of getting married outside of a traditional ceremony. This question has become even more common in recent years, with many opting for a more straightforward, legally binding approach.

Do You Need to Go to Court to Get Married?

Contrary to popular belief, you do not need to go to Court to get married. While some Magistrates are registered marriage officials, this does not mean that marriages take place in courtrooms. Instead, civil marriages are conducted at the Department of Home Affairs, where designated marriage officers are authorised to solemnise marriages.

Step-by-Step Guide to Getting Married at the Department of Home Affairs

If you and your partner prefer a civil marriage, the process is simple and accessible. Follow these steps:

1. 1. Visit the Department of Home Affairs – Choose a Home Affairs office close to where you live.
2. 2. Provide Identification Documents – Both partners must present their valid South African identity documents (or passports if foreign nationals).
3. 3. Schedule an Appointment – You will be given a date and time for your marriage ceremony.
4. 4. Arrive Early on Your Wedding Day – Ensure you are at the Department of Home Affairs before your appointment time.
5. 5. Bring Two Competent Witnesses – As required by law, two witnesses must be present during the ceremony.
6. 6. Marriage Officer Conducts the Ceremony – The marriage officer will explain the legalities and confirm that both parties understand their rights.
7. 7. Remember confirmation of your Ante-Nuptial contract – if you wish to get married in community of property, no additional documentation is required. However, if you want your marriage to be out of community of property, you need to provide the marriage officer with proof that you have entered into an ante-nuptial contract, which can be obtained by the notary who assisted you with your ANC.
8. 8. Receive Your Marriage Certificate – After the marriage is solemnised, you will be issued with an official marriage certificate, and your marital status will be updated in the system.

Can Same-Sex Couples Marry at Home Affairs?

Yes, the Department of Home Affairs has officials who are authorised to conduct marriages for same-sex couples under the Civil Union Act. You can find a list of Home Affairs offices and designated officials on their official website.

Need More Information?

If you are considering a civil marriage and need legal guidance, consult a family law attorney to ensure your rights and interests are protected.