Getting Married in South Africa (as a foreigner)
This is What You Need to Know When Getting Married in South Africa
Are you planning on getting married in South Africa? Look no further. We’ve made sure to provide you with all the inside information in terms of tying the knot in sunny SA!
Why would you want to elope to South Africa?
South Africa is arguably one of the most beautiful wedding destinations in the world. From oceans, and mountains, to wildlife and secluded wilderness spots. The backdrop to your love story couldn’t be more enchanting.
Contrary to the United States, couples are not required to get a marriage license. The marriage officer is required to pass specific exams, and then to interact with the Department of Home Affairs in an official capacity to register marriages. Couples can fly into the country around two to four weeks before their planned wedding date and still get all the legalities tended. Provided they have the appropriate documentation in hand.
All marriages are registered in community of property. Unless you enter into a pre-nuptial agreement. If you wish to not be one financial persona after your big day, it’s a good idea to speak to an attorney in South Africa. Set up the parameters to your liking. Sign this agreement before your wedding day so that a copy thereof can be attached to your registration and submitted to the deeds office. Have a chat about how you would like to proceed as a married couple.
Same-Sex Marriages
What is really exciting, is that South Africa allows straight and gay couples to get married. Whether you are two South African citizens coming home from abroad. If you are a South African citizen marrying a Foreign National. When you are two Foreign nationals, either from the same country of origin or from different countries altogether. 
There are different legal requirements for each variation in citizenship. Here we’re quickly going to run through the details. Remember that none of your original documents ever stay with the Immigration branch after your interview. This goes to your Marriage Officer. As a rule of thumb, none of your internationally-issued supporting documentation should be more than 6 months old at your date of marriage.
Great! Let’s see where you two fit in!
South African ID Document Holders
Even if you have been living abroad, if you did not actively give up your SA Citizenship, you are still on the population register as a local. It’s important that you have either your ID or a new temporary ID (over the counter at DHA offices near you) in hand. As a citizen, you simply have to have documentation proving that you are currently single. This includes a final divorce decree, death certificate, or HANIS verification of your current status at DHA. Even an affidavit would suffice. Check with your Marriage Officer, so that they can continue with your nuptials.
SA Citizen and a Foreign National
This is probably the trickiest of the variations. Please note that even if you have a foreign passport or if you are a SA citizen, you would have to go this route with your Foreign National partner. If you as a South African abroad, fly in to marry your South African Sweetheart, you can skip all these nasty details, and go straight to the isle.
First off, the partner/spouse that is not a SA citizen would need to procure the following documentation:
- Copies of your passport front page. Showing your photo and details.
- A copy of your entry stamps into the country.
- If applicable, copy of your VISA.
- Depending on which Immigration branch at DHA you are going to see, you would need police clearance from your country of origin, or, if you have been residing elsewhere for some time, a copy of your criminal status in that country
- Depending on your country of origin, a letter of no impediment, or a letter confirming your marital status. Even a tax statement providing your marital status, with an apostille stamp. There is often some leeway here. Especially if the couple getting married is a same-sex couple. Same-sex relationships may be illegal in the country of origin. The reason for this is that the official letter of no impediment often requires the birth certificate of the South African Citizen, and their name may be added to the letter of non-impediment. This would obviously be met with some resistance if the relationship would have been illegal in the first place. There are other quirks too. Like the UK not issuing letters of non-impediment to people marrying South Africans. This requires a standard letter from the UK Embassy, stating – yes, you guessed it – that they don’t issue a letter of non-impediment. You can request those via email beforehand, and pick them up at your local embassy when you’re in South Africa
- Proof of Address. Any third-party invoice or even a salary slip would suffice.
Foreign Nationals getting married
South Africa welcomes you, and we’re excited to be the wedding destination that fulfills all your wildest dreams. But firstly, here is the documentation you would need!
- Passport with an entry stamp, the VISA you would need to enter into South Africa
- Proof of your single status. As issued by your government, with apostille stamp (and translation to English if not already in English). This is a short sentence, but your country of origin may require a whole lot of documentation regarding your spouse-to-be. Make sure that you work on that documentation long before you even book your flight to South Africa
- To marry a foreigner in South Africa there is no police clearance or proof of criminal record required.
What is the process?
First, figure out where you want to get married. If you’re flying in, you’d probably land in Cape Town or Johannesburg. Once you have your wedding location, you can start looking around for wedding venues. South Africa has many beautiful wedding destinations to choose from. For example, Overberg in Winter, Winelands, Swartland or Boland, and many beautiful Wine Estates.
Often, the wedding venues will have preferred suppliers. For example marriage officers, florists, DJs, and caterers. We would suggest starting untangling the planning for your day by first procuring a marriage officer.
What do I look for in a marriage officer?
In South Africa, you can get married by an official inside the Department of Home Affairs, and that is a free service. The waiting period to get a booking is often in excess of two months.
You can get married by a Marriage Officer in a church, a private dwelling, or a public building. Some, however, will only marry people in a church. So, be sure to ask the right questions before you book the officiant.
South Africa has religious marriage officers for just about all faiths and even ones that will celebrate your day without any religious content. Celebrating your love, your way. Make sure to find the one that really fits your flavor.
Why You Need a Marriage Officer
Civil Marriages VS Civil Unions
Not all Marriage Officers can marry gay couples. The reason for that is because there are two specific Acts dealing with the different Civil Marriages in the country. For instance, the Marriage Act can only marry straight couples, however, the Civil Union Act of 2016 can marry Gay and Straight Couples. Check with your officiant under which act they are registered, and if they can solemnize your union in the way you want them to.
Marriage Officers may be open to splitting the documentation and the celebration into two parts. For instance, you may pop by their office on your way back from your immigration interview, and finish the signing of the register being issued with your marriage certificate. After that, you may have your celebration itself. With or without streaming it to friends and family at home. Maybe on a beach or in the mountain on another date with your caterers and wedding photographer and a world of flowers surrounding you two. 
What happens after the wedding?
Once you are married, the honeymoon starts, right?
What also happens in the background, is that the photographer edits your photos. The videographer creates the video. Marriage officers go off to the Department of Home Affairs to register the marriage or partnership.
Once the documentation has been handed in at the branch office, the DHA takes over. Your ID number will be married to the date of birth of your foreign national partner.
Surname changes will be indicated on the register. Unless, however, you have an actual ID number in South Africa. In most cases, that will be used as a reference in the country of origin. Where surname changes are processed.
Two foreign nationals marrying is processed by the Head Office in Pretoria. Not by a local branch. Once the registration is captured, you are able to request a marriage certificate from either your local DHA branch or from the South African Consulate.
We advise the use of a service to process the application. As applications are often delayed for up to a year. The resulting marriage certificate needs a South African apostille stamp. After that, you can submit it to your own home office for registration in the country of origin.
Written by Tie The Knot Cape Town, Overberg, and Beyond
