Marriage Officer Guide: The Legalities of Getting Married in the Cape
Between choosing flowers and tasting Sauvignon Blancs, the legal side of your wedding can feel like a chore. But a legally valid marriage in South Africa requires specific steps, and missing one can cause real problems later. Here's what you need, based on the Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006. A new Marriage Bill that would replace these laws with a single Act is still before Parliament, and this guide reflects the law as it currently stands.
Who Can Legally Marry You?
In South Africa, only a Marriage Officer can make your marriage legally binding. There are two routes: Home Affairs officials, who can marry couples as part of their role, and ministers of religion or office-bearers of a religious organisation whom the Department of Home Affairs has designated as Marriage Officers, under the Marriage Act or, for civil unions, the Civil Union Act.
There is no separate category of secular Marriage Officer. Many privately booked Marriage Officers are designated through a religious organisation even when they offer non-religious ceremonies, so if a secular ceremony matters to you, ask about the wording they use.
Before you book, ask your Marriage Officer to confirm their designation, and that it covers your type of union: a marriage under the Marriage Act or a civil union under the Civil Union Act. Customary marriages follow a different process and are registered with Home Affairs under the Recognition of Customary Marriages Act.
What Documents Do You Need?
- South African citizensYour Smart ID card or green ID book. Green ID books remain valid until 31 March 2028, but Home Affairs is phasing them out, so a Smart ID card is the safer choice. If you were previously married, bring the final decree of divorce or the death certificate of your former spouse.
- Foreign nationalsA valid passport. Where a foreign national marries a South African, both partners present valid passports and a completed BI-31 form (Declaration for the Purpose of Marriage). You may also need a letter of no impediment from your home country confirming you are free to marry, so check with your Marriage Officer early, as these can take time to obtain.
- Two witnessesAny two adults of any nationality must be present to sign the marriage register immediately after the ceremony. There is no requirement for them to be SA citizens.
Getting Married by Home Affairs or a Private Marriage Officer
If you want a Home Affairs official to marry you, book an appointment with your nearest Home Affairs office well in advance. Many couples allow at least three months. Couples where one partner is a foreign national may also be asked to attend an interview, which can take weeks to schedule.
A designated private Marriage Officer can marry you at your chosen venue, so there is no need to appear at Home Affairs on the day. They submit the marriage register to Home Affairs afterwards, and you receive a handwritten marriage certificate (BI-27) on the day.
Antenuptial Contracts: Read This Before You Sign
Civil marriages in South Africa are in community of property unless you sign an Antenuptial Contract (ANC) before the ceremony. In community of property, both partners' assets and debts form one joint estate, so the creditors of either spouse can claim against it.
An ANC must be signed before a notary before you marry, and registered at the Deeds Office within three months of signing. Registration can happen after the wedding, as long as it falls within those three months. Changing your property regime after the wedding requires a High Court application, which is slower and more expensive, so arrange your ANC early.
For International Couples: Getting Your Marriage Recognised Abroad
After your marriage is registered, apply for an unabridged marriage certificate at any Home Affairs office using form BI-130. Allow six to eight weeks. Foreign authorities usually require this certificate rather than the handwritten one issued on the day.
To use the certificate abroad, it usually needs to be legalised by the Legalisation Section of the Department of International Relations and Cooperation (DIRCO). For countries party to the Hague Apostille Convention, DIRCO attaches an Apostille. For other countries, DIRCO issues a Certificate of Authentication, and the destination country's embassy in South Africa may then need to legalise it too. Check your home country's requirements before your wedding date.