Two Foreigners Getting Married in South Africa: Legal Guide

Two Foreigners Getting Married in South Africa: Legal Guide

South Africa, with its robust legal framework and commitment to accommodating diverse cultural backgrounds, has become a favoured destination for foreign couples seeking to marry. In 2023, South African legal authorities registered over 1,000 marriages between foreign nationals, reflecting the country’s efficiency and appeal in handling international matrimonial affairs. The nation’s marriage laws are structured to facilitate a seamless process for foreigners, ensuring that legal requirements are clear and manageable

Legal Guide for Two Foreigners Getting Married in South Africa

If two foreigners wish to get married in South Africa, there are specific legal requirements and steps to follow. Here is a comprehensive guide to help navigate the process:

1. Legal Requirements for Foreigners Getting Married in South Africa

Eligibility:

• Both parties must be over 18 years of age.
• Both parties must not be currently married to anyone else.

Documentation:

• Valid passports for both parties.
• Birth certificates.
• If either party has been previously married, a final decree of divorce or death certificate of the deceased spouse.
• A completed DHA-31 form (Declaration for the Purpose of Marriage).
• A letter of no impediment from their home country stating that they are free to marry.

2. Steps to Follow

Step 1: Preparation of Documents

• Ensure all required documents are in order. Some documents may need to be translated into English and authenticated.

Step 2: Notice of Intention to Marry

• Visit the nearest Department of Home Affairs office to submit a notice of intention to marry. This must be done at least three months before the wedding date.

Step 3: Verification of Documents

• The Department of Home Affairs will verify all documents. This process may take a few weeks, so plan accordingly.

Step 4: Choosing the Venue

• You can choose to get married at a Home Affairs office, a church, or another venue of your choice. Ensure the venue is registered to conduct marriages.

Step 5: The Ceremony

• A marriage officer will officiate the ceremony. Ensure you have two witnesses present.

Step 6: Marriage Certificate

• After the ceremony, the marriage officer will issue a marriage certificate. This certificate will be used for any legal purposes, such as changing names or applying for visas.

3. Important Considerations

Legal Standing:

• The marriage will be recognised in South Africa and, depending on your home country, it might be recognised there as well. Verify with your home country’s embassy or consulate.

Residency:

• Marriage to a South African citizen can impact residency status, but marriage between two foreigners does not automatically grant any residency rights. Separate applications must be made for any changes in residency status.

Cultural Practices:

• South Africa recognises civil, customary, and religious marriages. Ensure the type of marriage you choose is properly registered.

Professional Assistance:

• Consider consulting with a legal professional or a marriage officer who can assist with the paperwork and ensure that all legal requirements are met.

4. Post-Marriage Legalities

Registration of Marriage:

• Make sure the marriage is properly registered with the Department of Home Affairs. You can request an unabridged marriage certificate for use in your home country.

Changing of Names:

• If either party wishes to change their surname, this can be done at the Department of Home Affairs. Proper documentation will be required.

Legal Rights:

• Understand your legal rights as a married couple, including property rights, inheritance, and any other legal considerations.

By following this guide, two foreigners can successfully navigate the legal process of getting married in South Africa. Always ensure to double-check requirements as they can change, and seek professional advice if needed.