Marriage certificate

Getting married in South Africa and obtaining a marriage certificate

The following are the noted general requirements for getting married in South Africa. It is suggested that intending bridal couples should consult the marriage officer in South Africa who is to perform the ceremony to ensure compliance with the prescribed formalities.

Documents required to enter into a marriage

On the day of the marriage a couple must present the following documents to the person officiating at the wedding:

· Identity documents(for each person getting married)

· If a foreign national is marrying a South African citizen, they should both present their valid passports as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment)

· If the wedding is for a minor (a person under the age of 18 years), the written consent of both parents/ legal guardian or the Commissioner of Child Welfare or a judge should be submitted on Form DHA-32 as well. If the minors getting married are under the ages of 18 for boys or 15 for girls, the written consent from the Minister of Home Affairs will also be required

· If any of the persons getting married are divorced, then the final decree of divorce should be furnished

· If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted.

Conducting a marriage

Only marriage officers authorised in terms of Act No. 25 of 1961 to perform marriages may do so. Presently civil marriages are solemnised at offices of the Department of Home Affairs and at churches (by authorised marriage officers).

A marriage must be conducted in the presence of at least two witnesses in:

· a church or another building used for religious services

· in a public office or private house, with open doors

· in the case of serious illness or injuries, the marriage may take place in a hospital or any concerned facility.

Marriage certificates

Two witnesses and the marriage officer must sign the marriage register after the solemnisation of a marriage. Then the marriage officer must issue the parties with a handwritten marriage certificate (BI-27) free of charge.

The marriage officer must then submit the marriage register to the nearest office of the Department of Home Affairs, where the marriage details will be recorded in the National Population Register (NPR).

Any additional abridged copies or unabridged copies of the marriage certificate can be requested by:

· Completing Form BI-130 in black ink and submitting it to the nearest office of the Department of Home Affairs or at LOSA

· Paying the prescribed fee

The first issue of an abridged marriage certificate is free

In addition to abridged or unabridged copies of a marriage certificate, you may also request the following documents after completing Form BI-130 and paying the prescribed fees:

· A vault copy of the register

· An abridged marriage certificate that is either computer printed or handwritten

Prohibited Marriages

The law states that certain categories of people may not marry. These include:

· Minors, unless the prescribed consent to the marriage has been given

· People who are already married. bigamy is a punishable offence in South Africa. Such marriages are also null and void under South African law

· In the columns below, a man may not marry any person mentioned in column 1; and a woman may not marry any person mentioned in column 2:

Mother
Daughter
Father’s mother
Mother’s mother
Son’s daughter
Daughter’s daughter
Sister
Wife’s mother
Wife’s daughter
Father’s wife
Son’s wife
Father’s father’s wife
Mother’s father’s wife
Wife’s father’s mother
Wife’s mother’s mother
Wife’s son’s daughter
Wife’s daughter’s daughter
Son’s son’s wife
Daughter’s son’s wife
Father’s sister
Mother’s sister
Brother’s daughter
Brother’s daughter’s daughter
Sister’s daughter
Sister’s daughter’s daughter
Sister’s son’s daughter

Father
Son
Father’s father
Mother’s father
Son’s son
Daughter’s son
Brother
Husband’s father
Husband’s son
Mother’s husband
Daughter’s husband
Father’s mother’s husband
Mother’s mother’s husband
Husband’s father’s father
Husband’s mother’s father
Husband’s son’s son
Husband’s daughter’s son
Son’s daughter’s husband
Daughter’s daughter’s husband
Father’s brother
Mother’s brother
Brother’s son
Brother’s son’s son
Sister’s son
Sister’s son’s son
Sister’s daughter’s son

Consent to the marriage of a minor

If you are or your partner is a minor (younger than 18 years) in the care of either your respective parents or a legal guardian, only the parents’/guardian’s written consent (Form DHA-32) is necessary for you to obtain a marriage certificate.

If a parent whose consent is legally required but either cannot be found to grant consent, or is legally incompetent to do so, then an application may be made to a Commissioner of Child Welfare for consent to the marriage.

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.

In addition to getting consent from the parents or guardian, boys under the age of 18 and girls under the age of 16 may also be required to seek the consent of the Minister of Home Affairs. The Minister may, on application, condone a marriage which required his/her consent but was contracted without such consent.

Please note:

1. There is no residency requirement for foreign nationals.

2. There is no blood testing requirement.

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Obtaining a Marriage Certificate

Persons who were married in South Africa and whose marriages were registered in South Africa may apply for their marriage certificates.

A duly completed Form BI-130, Application for Marriage Certificate to be completed in black ink and signed by applicant

Marriage certificates are issued in South Africa and sent to Taiwan once for inward distribution. LOSA will contact you as soon as the certificate is received from South Africa.

A South African National married in Taiwan may apply for registration of his or her marriage at LOSA.

Please visit the office with the following:

1. 1. Translated and authenticated foreign marriage certificate

2. 2. Copies of original passport of each party