South Africa is a country that is not only rich in culture and history, it is also a place that boost stunning and beautiful sceneries making it an ideal getaway. Couples who wish to get married by the beach or in a safari atmosphere may do so by understanding the laws governing South African marriage.
There are three different South African laws that a marriage can fall into.
1. The Marriage Act of 1961 allows and solemnizes the marriage between a man and woman. In order to get married, couples must present both of their identity documents to the officiating person. In cases where a South African is marrying a foreign national, presentation of valid passports by both parties is required along with the completed BI-31 Form. This form serves as a declaration for the purpose of marriage or letter of no impediment stating they wish to get married and nothing will deter the marriage from happening.
In cases where both parties are minors, a written consent by parents or the commissioner of child welfare should be submitted along with the completed form DHA-32 and written consent of the Minister of Home Affairs. Presentation of death certificate or final decree of divorce is required for couples who are previously married but are divorced or widowed and wishes to get married. The marriage must be conducted by an authorized officer with two witnesses in a building or office with open doors. Then a South African marriage certificate or B-27 will be signed by the witnesses and officer to be submitted to the Department of Home Affairs for registration. Aside from an abridge and unabridged copy, couples may also request for a South African vault copy of the register for a required fee.
2. The Recognition of Customary Marriage Act of 1998 recognizes the marriage performed under the African customary law. The act allows and recognizes a polygamous marriage as legal and valid. For customary marriages to be valid and binding, it must be entered before November 15, 2000. Although it was signed in 1998 by Nelson Mandela, it only came into effect on 2000. For those who will get married after the said date, couples must meet the requirements made by the government.
Such that marriage must be negotiated and celebrated in accordance with the African customary law, couples must be legal of age and should both consent to the marriage. Marriage must be registered within three months of taking place and must be officiated in the Home Affair’s office or a traditional leader in places where there is no Home Affairs office. Registration of customary marriages is done by completing a BI-1699 form and a receipt of acknowledgement or BI-1700 is issued by the Department of Home Affairs upon payment of fee.
3. The Civil Union Act of 2006 legalizes and acknowledges the civil partnership or marriage of two people irregardless of gender. Cape Town is known to have one of the most friendliest gay community in the world. Civil unions must be officiated by a marriage officer of a particular religion or of the Home Affairs. Couples should bring the necessary documents such as identity books or valid passport, completed forms DHA-1763 for declaration of marriage, DHA-1766 for civil union register and DHA-1764 to indicate whether the union is for marriage or partnership.
For more information on South African marriage certificates and South African vault copy record, please contact SA Fast Track.
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