Key Takeaways
- Your marriage must meet all legal requirements to be valid, including proof that any previous marriage was dissolved
- Minors under 18 need written consent, and asylum seekers or refugees need a police declaration confirming marital status
- A marriage certificate officially records the couple, date, place, officiant and witnesses
- A typical South African wedding costs R100 000 to R200 000, far less than the equivalent overseas
- South Africa doubles as a honeymoon destination, from Kruger safaris to the Cape Winelands
If you’ve got South Africa on your list of places to get married, you’re not alone. South Africa is a popular wedding destination due to various reasons such as location, cost, and easy planning with experienced vendors. Whether it be sandy beaches, majestic mountains, or untouched forests, South Africa has the perfect backdrop for your wedding photos. Due to the exchange rate, you can host a lavish wedding but still stay on budget. Finally, our service providers are welcoming and experienced enough to handle any bridezilla.
Who can get married in South Africa?
You can get married in South Africa if you are legally allowed to and understand the legal consequences of a marriage. Your marriage needs to comply with the legal requirements for it to be considered valid. If you are unclear about these requirements, it’s best to seek legal advice. Asylum seekers and refugees may get married in South Africa if they meet the requirements. They must also include a declaration from the police confirming their marital status.
Under South African marriage laws, the following people may not get married in South Africa:
- Those who are already married (You must provide evidence that the marriage has been legally dissolved)
- Minors (under 18) Unless they provide written consent from a parent, legal guardian, or the court.
- Persons with severe mental health disorders
Applying for a marriage certificate in South Africa
A marriage certificate is an official document that is issued by a governmental authority that shows the couple listed have a legally recognized relationship. It states the names of the couple that got married as well as when they were married, where they were married, who married them and the witnesses that were present.
When you get married, the marriage officer, two witnesses, and the couple that is married must sign the marriage register. The marriage officer will then issue the married couple a handwritten certificate (BI-27) free of charge. The marriage officer will 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).
Additional abridged or unabridged copies of a marriage certificate can be obtained by completing Form BI-130 in black ink and submitting it to the Department of Home Affairs and paying the prescribed fee.
Types of marriage certificates
Abridged certificate
An abridged certificate contains both your personal details (such as full name and ID number) and the date of the marriage. You automatically receive an abridged certificate when the Department of Home Affairs is notified by your marriage officer. An abridged certificate will be issued on the same day that it’s applied for. An application for an unabridged certificate takes approximately 6 to 8 weeks to process.
Unabridged certificate
The unabridged certificate contains more detailed information that could be required by the government and financial institutions. This official certificate is required should you ever plan to travel extensively, emigrate or obtain a foreign passport. If you or your spouse are not South African, the unabridged certificate will be required to register the marriage in your home country.
The wedding process in South Africa
In South Africa, three types of marriages are recognized. There are steps you need to take to ensure that the Department of Home Affairs registers and validates your marriage, civil union, or a customary marriage.
A marriage is officiated by a religious official, government official, or state-approved official. Marriages are in community of property unless an antenuptial contract has been arranged with a lawyer.
A civil union may be entered into by same-sex partners in terms of the Civil Union Act, (Act 17 of 2006). The legal consequences of the Marriage Act apply but within the context of the Civil Union Act.
A customary marriage is negotiated, celebrated, and concluded according to indigenous African customs. This excludes marriages that are in accordance with Muslim, Hindu or any other religious rites. The Recognition of Customary Marriages Act acknowledges customary marriages and the legal considerations for this type of marriage.
How to meet the requirements for a valid marriage in South Africa
- Use an authorized marriage officer to perform the marriage.
- Two witnesses must be present at your ceremony.
- Get married in a church or another building used for religious services. You can also get married in a public office or private house with open doors.
Prenuptial agreements in South Africa
If you do not enter into a prenuptial agreement before you get married you will automatically be married in community of property.
Marriage in Community of Property
All debts and assets are joined into what is called a ‘common estate’, which is owned equally by both partners. Everything earned, bought, inherited, or acquired during the marriage goes into the common or joint estate. Money in either spouse’s bank account legally belongs to the joint estate.
Any debts incurred by either party bind the joint estate. This can be a serious problem in the case of insolvency because no assets are protected and both parties will be deemed insolvent. If one party enters the marriage with more assets than the other, they automatically forfeit ownership of half of everything to the other.
When the marriage ends, the entire estate, including debt, is equally divided. Whether it ends with death or divorce, this process can be complicated and time-consuming.
Antenuptial Contract Without Accrual
- Each partner’s estate remains theirs before, during, and after the marriage.
- Debts and assets of each party remain exclusively theirs when they marry. Everything earned, bought, inherited, or acquired by either spouse during the marriage remains exclusively theirs and does not affect their spouse.
- Money in either spouse’s bank account belongs exclusively to them.
- Debts incurred by either party are exclusively theirs. Insolvency of one partner does not affect the assets or legal status of the other.
- If one party enters the marriage with significantly more assets than the other, these assets remain theirs during and after the marriage.
Antenuptial Contract With Accrual
A prenuptial agreement with accrual is exactly like a prenuptial agreement without accrual, except that the increases or decreases in each partner’s estates are shared.
In this marriage regime, each partner’s estate is valued at the time of marriage, and again when the marriage ends. This can cause delays but is often chosen as the fairest solution by partners who are independently wealthy before getting married.
Points to consider about Ante-Nuptial Contracts
The marriage contract isn’t only about divorce as many couples may think – it is important to be considered – should one partner engage in a business deal or partnership a few years down the line or in case of overspending (debt) on the part of one partner, this could result in financial ruin for the whole family should a home be at stake.
Should you opt for an Antenuptial Contract you have to make an appointment with an attorney before your date of marriage. Your attorney will register your contract at the Deeds Office and give you a letter which your marriage officer will attach to your documents when submitting to Home Affairs.
What if I Need to Postpone the Wedding?
If for any reason you need to postpone your wedding, it is important to notify the Department of Home Affairs and your marriage officer as soon as possible. This will ensure that there are no issues or delays with processing your marriage certificate.
It is also recommended to check with your venue and other vendors about their policies on postponements and cancellations. It may be necessary to reschedule or adjust arrangements with them as well.
Finally, make sure to communicate with your guests about the change in plans and provide updated information when available. This will help avoid confusion and ensure that everyone is aware of the new date for the wedding. So, always keep your options open while planning a wedding in South Africa!
Cost Breakdown
Budget Tips
Planning a wedding in South Africa can be significantly more affordable compared to weddings in many other countries. Below is a cost breakdown of a typical South African wedding, showcasing the main expenses and how much couples can save:
- Venue: The venue is often one of the largest expenses, with costs ranging from ZAR 20,000 to ZAR 80,000 depending on the location and amenities. South Africa offers a variety of beautiful venues, from vineyards to coastal estates, at a fraction of the cost of similar venues abroad.
- Catering: Catering costs average around ZAR 300 to ZAR 500 per person. For a wedding with 100 guests, this totals ZAR 30,000 to ZAR 50,000. This is considerably lower than catering prices in countries like the US or UK, where costs can quickly double.
- Décor and Flowers: Décor and floral arrangements typically range between ZAR 10,000 and ZAR 30,000, depending on the complexity of the design. South African vendors often provide high-quality designs for less compared to international markets.
- Legal Fees: Registering a marriage in South Africa is quite affordable, with legal fees ranging between ZAR 500 and ZAR 1,500. This is a minimal expense when compared to some European or North American countries.
Altogether, a reasonably lavish South African wedding can cost between ZAR 100,000 and ZAR 200,000, which is significantly more affordable than hosting a wedding of the same calibre in many other countries. By leveraging local vendors and taking advantage of South Africa’s competitive pricing, couples can enjoy a dream wedding without the extravagant price tag.
Honeymoon Ideas
Local Honeymoon Destinations
For couples looking to plan an unforgettable honeymoon while staying local, South Africa offers a variety of stunning destinations to suit every preference:
- Kruger National Park
Experience the magic of the African bush with a safari honeymoon in Kruger National Park. From luxury lodges to guided game drives, you’ll be immersed in wildlife and breathtaking natural beauty.
- Cape Winelands
For a more romantic and indulgent getaway, the Cape Winelands provide the perfect setting. Explore world-class wine estates, enjoy fine dining experiences, and take leisurely strolls through picturesque vineyards.
- The Garden Route
Known for its dramatic coastline and scenic views, the Garden Route is ideal for couples who love adventure and nature. With charming coastal towns, lush forests, and pristine beaches, there’s no shortage of activities to enjoy together.
We hope we’ve helped you clear up a few things about getting married in South Africa. Contact us if you’re in need of a marriage officer or need assistance with an Ante-Nuptial Contract or Unabridged Marriage Certificate.
