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This usually requires that one of the couple attend home affairs in person. However some Marriage Officers have a good enough relationship with their office that they can make the appointment on your behalf. This is especially helpful in cases where the couple in question live abroad. Two people need to act as witnesses and a copy of their South African Identity Document or ID card is required.
All couples married in South Africa receive abridged marriage certificates, which are presented to the couple immediately after the ceremony. If one of you is a South African and living in South Africa, this is the only certificate you require. Before getting married, you are required to present any prenuptial agreements to the marriage officer with a letter from your lawyer confirming the agreement was mutual. All couples must attend an interview session at the Department of Home Affairs offices.
South Africa - Getting married at Home Affairs
Before applying, please make sure that you and your partner satisfy all the eligibility criteria that are listed in the “Eligibility” section of this page. At least two competent witnesses must be present at the ceremony. Should you be unsure of any of these, legal counsel should be sought before the marriage is entered into. We are not the Department of Home Affairs and forms can be downloaded or collected freely on DHA’s website for your personal use.
Since these slots are in-demand, it’s best to accept the date and time, and re-arrange your schedule if needs be. The parents of a prospective spouse who is a minor must consent to the marriage. If he/she has no parents, then his or her legal guardian must consent. If the parents or legal guardian cannot consent, a Commissioner of Child Welfare can be approached for consent.
A GUIDE TO GETTING MARRIED AT HOME AFFAIRS
This requirement is the one that causes a few headaches because you’ll only be able to hand in this document once the foreign partner is in the country. Home Affairs only books interviews for couples once both of them are in the country. If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted. The letter of non-impediment just confirms to the Department of Immigration that you are not married in your country of residence. This letter permits you to get married in South Africa to your partner and have the wedding of your dreams. If your letter of non-impediment is written in a different language then you must have it officially translated into English by a sworn translator.
You can still some bridal flair to the day and bring any photographer to take some photos at the premises, without causing much trouble to the officials. Both persons must be 18 years or older to enter into a Civil Union. Any minor, boy or girl, who has provided the consent prescribed by the DHA, can apply. Please be aware that the marriage premises must satisfy the constraints set by the DHA and your marriage must happen in the presence of at least witnesses. If you are not sure of any of the above mentioned criteria, a legal counsel should be sought before entering into the marriage.
Strategies To Help Better Manage Your Time
Unabridged marriage certificates, which receive an apostille at the Cape Town High Court, let you to register your marriage in your country of residence. Before legally confirming a marriage in South Africa, couples must attend a Home Affairs marriage interview. The purpose of this procedure is to ensure that both parties are willingly entering into marriage of their own accord and not under duress. If you miss an interview, officials won’t register the marriage certificate. Again, couples can apply for this at a Home Affairs Branch in South Africa or at the South African Embassy overseas where they reside or give permission to a family member to apply on their behalf.
We left slightly confused but confident to get married because our priest and the Home Affairs had confirmed we didn’t need to do the interview. In South Africa, couples who do not want their ceremony to take place at a church or other public location can exchange their vows at any South African Home Affairs office. Pre-nuptial arrangements protect one party from liability of debts accrued by their spouse and allows you to maintain wealth and property accumulated during the marriage. Couples that intend to marry outside of a religious or public location may hold their ceremony at any Home Affairs office. Marriage ceremonies at a Home Office are free of charge.
What Happens When A South African Marries A Foreigner
However, as long as your marriage is solemnised by a competent Marriage Officer, the courts are not readily inclined to declare a marriage invalid simply because it was held in the wrong place. The South African Marriage Act of 1961 and the Civil Union Act of 2006 govern marriages in the country. Both outline the rules regarding the process of marriage, and who may marry one another, as well as where and how the wedding occurs. If you fail to comply with the regulations, your marriage may be declared null and void. There are many benefits of getting married at Home Affairs and there are many reasons that people might choose to go this route. Whatever your decision, below you’ll find the information you need if you plan on having your marriage ceremony at any Home Affairs office in South Africa.
Abridged marriage certificates are free of charge for first-time applicants; subsequent copies may require a small fee, such as R75 for unabridged marriage certificates. Two witnesses and the marriage officer must sign the marriage register after the solemnisation of a marriage. After the interview, the official should give you a verbal go-ahead to get married. They will also draft a report which will be sent to the required home affairs marriage department. This report is one of the documents the marriage officer must hand in or collect when lodging the marriage at home affairs. Technically, you can get legally married on the day of your interview if you have received the go ahead.
Visit the nearest DHA office and request to make an appointment to get married at Home Affairs, from the concerned department. Both persons may not be already married in terms of any other Act. If your parents and/or a Commissioner of Child Welfare refuse to grant consent for your marriage, you may then apply to a judge of the High Court for consent. The judge will not grant consent unless there is sufficient evidence that the marriage is in the interest of the minor and that prior consent has been unreasonably refused. Not all countries issue the letter of non-impediment like the United Kingdom and in this instance, you would need an official letter stating this. Copy of the passport of the Non SA Citizen together with the copy of the page containing the entry stamp into SA.
If a witness is a non SA citizen then a copy of their passport together with the page containing the entry stamp . Why we were ‘safe in the knowledge’ is because we had asked the priest multiple times if we had to go for a “marriage interview” at the Home Affairs prior to him marrying us. He said there was no need, but this was no fault of his own - he was just not made aware of immigration law changes. From what I have heard, the Home Affairs official will ask basic questions about how you met, how long you have been together, do you love this person and why do you love this person? The Home Affairs officer will look at how genuine relationship seems and ask open ended questions. My colleague said they waited for more than two hours and each interview was over within 5 minutes.
New World Immigration’s services comply with the Immigration Acts of the countries we service. Our consultancy services are unavailable through government channels. The application forms used during the immigration process can also be collected free of charge at any relevant immigration office. We decided to go to Home Affairs about 2 months before the wedding to double check and for peace of mind - After all Home Affairs would know right? Well after meeting the officer at Home Affairs and he spoke to our priest on the phone, the officer eventually confirmed that we didn’t need to do the interview.
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