Getting legally married in South Africa is more than saying "I do." It is a statutory process governed by three primary pieces of legislation: the Marriage Act 25 of 1961 (heterosexual civil marriages), the Civil Union Act 17 of 2006 (same-sex and opposite-sex unions), and the Recognition of Customary Marriages Act 120 of 1998 (customary unions). Whatever form your ceremony takes, you must still meet a short checklist of legal formalities. This article unpacks those requirements, clarifies the paperwork, and answers the most common questions couples ask when planning to get legally married in South Africa.
Who may marry?
1. Age and consent
Both parties must be 18 years or older. Minors can marry only with written consent from parents or legal guardians; boys under 18 and girls under 16 also require consent from the Minister of Home Affairs or a High Court judge.
2. Status and capacity
Neither party may already be married under any legal regime (unless a man is entering a further customary marriage with court approval). Both must possess the mental capacity to understand the nature of marriage and must consent freely.
Documents you will need
South African citizens
- Green bar-coded or smart-ID card.
- If previously married: decree of divorce or death certificate of late spouse.
Foreign nationals
- Valid passport, entry stamp/visa, and Letter of No Impediment or similar affidavit from their home country confirming single status.
- Three ID-size photos of each partner (required by many marriage officers).
- Proof of address and, where relevant, a certified translation of documents not in English.
Home Affairs may also demand an interview for couples where one partner is a foreign national to confirm the marriage is genuine.
Choose your marriage officer
Only a registered marriage officer, who can be a Home Affairs official, a designated religious minister, or a private civil marriage officer, may formalise the union. Ask to see the officer's appointment certificate (Form BI-30) and ensure their authority covers the type of marriage you intend (civil, civil-union, or customary) to ensure you are legally married.
Give notice and set a date
Couples marrying at Home Affairs must give written notice of intention to marry at least three months before the ceremony. Private marriage officers often handle notice formalities on your behalf, but still file documentation with Home Affairs.
Ceremony formalities
To be legally married, the ceremony must:
- Take place in a public or private venue with open doors.
- Be witnessed by at least two competent witnesses.
- Include vows where each partner states, "I [A B] hereby take you [C D] as my lawful wedded spouse."
- Be followed immediately by signing the marriage register (Form BI-30).
The marriage officer then issues a handwritten adbridged marriage certificate free of charge. Couples can later apply for an unabridged certificate, essential for foreign visa applications.
Registration at Home Affairs
Within three working days, the marriage officer must submit the signed register to Home Affairs. Only once the department captures the union in the National Population Register is the couple's status officially updated to legally married.
Select a matrimonial property regime
By default, civil and civil-union marriages are "in community of property," meaning spouses share a joint estate. Couples who prefer separate estates, or want to include specific terms, must sign an antenuptial contract (ANC) before the ceremony. The ANC is registered in the Deeds Office and determines how property and debt are divided on death or divorce.
Customary marriages are automatically "in community" unless the spouses execute a post-nuptial contract within three months of registration.
Special considerations for foreigners
Foreign nationals can marry a South African citizen or another foreigner in South Africa, provided they supply:
- Valid passport with entry stamp.
- Letter of No Impediment or affidavit of unmarried status.
- Divorce decree or death certificate if previously married.
Home Affairs often schedules an interview to confirm that both parties understand the nature of marriage and consent freely. Failure to pass this interview can delay registration.
What happens if you skip a formality?
- Invalid marriage: If an unauthorised person officiates, the union may be void.
- Delayed status update: If the register is not filed, your marital status stays "single," complicating future property deals or insurance claims.
- Immigration issues: Foreign spouses may lose spousal-visa eligibility without proper certification.
- Inheritance disputes: An unregistered customary marriage can leave surviving spouses without automatic intestate inheritance rights.
Conclusion
Becoming legally married in South Africa is straightforward once you know the rules: valid consent, correct paperwork, a licensed marriage officer, two witnesses, and prompt registration with Home Affairs. Skipping any step can derail immigration plans, property transactions, or inheritance rights.
If you want to learn more about the intricate beauty of South African law, the Gawie le Roux Institute of Law offers practical training and tailored legal courses. Contact us today!
FAQs
What is the legally married status?
It is the official civil status recorded by Home Affairs, indicating that two people have complied with statutory formalities and their marriage has been registered.
What is a legal marriage in South Africa?
A marriage formalised by a registered marriage officer, in the presence of two witnesses, with notice, consent, and all required documentation filed and recorded by the Department of Home Affairs.
What is it called when you are not legally married?
Living together without having met statutory marriage formalities is commonly referred to as cohabitation or a life partnership; South African law does not automatically grant cohabitants spousal rights.
What does it mean when someone says you are officially married?
It means the ceremony has been completed, the register signed, and Home Affairs has captured the union in its records, granting the couple full legal marital rights and obligations.
This blog was last updated on 05/08/2025