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Marriage Contracts & FAQ

Ante Nuptial Contracts

Also known as ANC (contract) or pre-nuptial agreement (pre- nup) In South Africa you automatically marry "In Community of Property" Unless otherwise stated in a contract.  In Community of Property means you share all things equally.  It may sound noble to say that in marriage you will share everything for "richer and poorer" But the truth is that this may not be such a noble idea after all, especially when someone becomes seriously ill or injured. All of us wish to leave behind a legacy and a better future for our families.  You can do this by drawing up a contract and protecting your family from serious liabilities.  Rather view an ANC as a asset protection rather than a divorce agreement. The Matrimonial Property Act of 1984 (the Act") provides two options for your Ante nuptial Contract, namely: 1. With application of the accrual system; and 2. Without application of the accrual system.

Who can marry me in SA?

Only marriage officers (magistrate, or person designated as marriage officers) may marry people legally in S.A.  A religious leader is not automatically a marriage officer but can write the exam and become a marriage officer.

How can I verify my current marital status?

In South Africa you can just Google “verify marital status” or visit the Department of Home Affairs Website and type in your ID number. This will then confirm your current marital status. SEE LINK AT THE BOTTOM OF THIS PAGE.

If still show married on Home Affairs system what

can I do to change my status?

You need to submit a copy of your divorce decree to Home Affairs with a copy of both parties ID documents.

I have lost my divorce decree what can I do?

You can either ask the lawyer who assisted you with the divorce as they often keep copies or you will need to go to the court where you got divorced and ask there for a copy. You will need a case number in order to obtain the divorce decree. You can also hand in a Affidavit to Home Affairs stating the date and case number to have it your divorce registered at Home Affairs. This remains your responsibility.

At what times can I get married?

In SA you can get married 24/7/365 provided you can get a marriage officer to assist you.

Where can I get married?

You can get married in a place of worship, public office or private dwelling. A venue usually has chapels that are legal places of worship and therefore you may marry at a wedding venue. You may also get married in a Hospital provided that the medical practitioner is satisfied that the patient is in a sane frame of mind (not in a drug induced state or psychologically unfit). The marriage officer feels the marriage is warranted to be solemnised in a hospital.

What do I need to get married?

You will need; A copy of your ID A copy of your fiancée ID 3 ID photo’s each Two competent witnesses with their IDs Any previous divorce decrees or death certificates that may be applicable from previous marriages. International clients will need a letter of no-impediment (certificate from their country confirming their freedom to marry) A marriage Officer

What is a letter of No-impediment?

Sometimes called a "Certificate de Couture" or a "Certificate of No Impediment" or a "Certificate of Nulla Osta" or simply a "Certificate of Freedom to Marry", this is a declaration from your country of origin of your freedom to marry. Almost all countries these days require that a couple can provide such a certificate before they will issue a marriage license. In South Africa citizens from Common Wealth States and asylum seekers are often excempt from obtaining a letter of no-impediment.
Contact us  +27 11 476 3226 info@marriageregistrar.co.za
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