Couples who intend to marry outside of a religious or public place can hold their ceremony at any Ministry of the Interior. Weddings at the Ministry of the Interior are free. However, before you can get married in South Africa, you must prove that you are legally eligible to get married. Non-resident couples can obtain a South African marriage license if they follow the procedures. The law stipulates that certain categories of people are not allowed to marry. These include: Before you get married in South Africa, you must meet the marriage requirements of the Ministry of Home Affairs. In most cases, this should not be a problem. Under the South African Marriage Act, the following persons are not allowed to marry in South Africa: boys under the age of 18 and girls under the age of 15 must obtain written consent from their parents to marry, just like other minors. They must also obtain the approval of the Minister of the Interior. A marriage official who knowingly performs a legally prohibited marriage and a person who is not a marriage officer but claims to marry may be fined up to R400 and imprisoned for up to one year.
A marriage official who contravenes other provisions of the Marriage Act is liable to a fine of up to R100. A person who makes a false statement for the purpose of marriage may be convicted as if he or she had committed perjury. If a parent whose consent is required by law cannot be found to give consent or is legally incapable, you can ask a child protection commissioner to consent to the marriage. The Home Secretary may retroactively certify marriages of a person who is not legally a marriage officer acting in good faith, or if the spouses believed in good faith that the marriage officer could lawfully solemnize the marriage. A marriage contracted without the legally required consent of the parents or guardian may be annulled by the High Court at the request of the parents or guardian: before the marriage is contracted, you must present all marriage contracts to the marriage officer with a letter from your lawyer confirming mutual consent. Marriages in South Africa are automatically “in community of ownership”, meaning that the property of both partners is attached. If you are planning to marry outside the community of property in South Africa, consult a lawyer beforehand. A lawyer helps draft a contract that determines the division of property; This is called a prenuptial agreement. If you`re planning to get married in a garden or on a beach, you may need to reiterate the legal aspect of the service. The same applies to marriage in a restaurant or other building not defined by law. However, as long as your marriage is contracted by a competent marriage officer, the courts are not willingly inclined to annul a marriage simply because it was contracted in the wrong place. The right to marry under Australian law is not determined by sex or gender identity.
Same-sex marriage is legal in Australia. The Marriage Act is not the only law under which a marriage can be contracted. The Recognition of Customary Marriages Act 1998 recognizes marriages as valid marriages under African customary law, although they are not legally identical to marriages under the Marriage Act. The Registered Partnerships Act 2006 allows, inter alia, same-sex marriages that are legally equivalent to marriages under the Marriage Act. A couple whose foreign same-sex marriage is recognised in Australia cannot remarry in Australia unless there is doubt as to the validity of the foreign marriage. Marriage in South Africa is a legally binding contract. The South African Marriage Act 1961 and the Civil Union Act 2006 regulate marriages in the country. Both outline the rules of the marriage process and who is allowed to marry and where and how the marriage takes place. If you do not comply with the regulations, your marriage may be declared null and void. The spouses may marry under a different matrimonial property regime by concluding a contract before a notary; To be enforceable against third parties, the contract must also be entered in the register of documents within three months of the date of performance.
An antenuptial contract excludes community of property and community of profit or loss, so each spouse maintains a separate estate with separate assets and liabilities. The contract may also contain specific provisions on the management of property and its distribution after death or divorce. In the case of marriages concluded under a marriage contract since 1984, the recovery system applies to the marriage, unless expressly excluded in the contract. In the delimitation system, the spouses` property remains separate for the duration of the marriage, but at the time of death or divorce, their property is adjusted so that the difference in “provision” between the two estates is divided equally. A “provision” is defined as the increase in the net value of the estate from the beginning of the marriage until its dissolution. [9] However, the compensation system does not apply if one of the estates is insolvent at the time of dissolution of the marriage. When calculating the adjustment, the minimum value that the estate of a party may have is zero; Negative estate values are not taken into account. Divorce cases are heard by the high courts or, since 2010, by the regional civil courts.
A court has jurisdiction to entertain a divorce if one of the spouses is legally domiciled in the geographical jurisdiction of the court or if one of the spouses has his or her “habitual residence” (i.e. habitual residence in the jurisdiction) and has his or her habitual residence in South Africa for at least one year. In addition to the requirement of parental consent, no boy under the age of 18 or girl under the age of 15 may marry without the special consent of the Minister of the Interior (or an official authorized to act on behalf of the Minister). (This gender discrimination predates the constitution of the Republic of South Africa and may be unconstitutional, but it has not yet been challenged.) If you are unsure about any of these points, you should consult a lawyer before contracting marriage. A minor, who has been reduced from 21 to 18 years of age by the Children Act 2005, may not marry without the consent of his or her parents or guardians. If there are no parents or guardians, or if a judge (acting as a child protection officer) cannot give consent for any reason. If the parent, guardian or judge refuses consent, a judge of the High Court may give consent if it is in the best interests of the minor to do so. The spouses must be over 18 years of age to enter into a valid marriage, except that under the Marriage Act, a girl over the age of 15 may marry with the consent of her parents. A person cannot marry his immediate ancestor or descendant, brother or sister, uncle or aunt, niece or nephew, or the ancestor or descendant of a former spouse. [8] To begin the process, you must first register your intention to marry with the Ministry of Interior and apply for a marriage certificate. Couples must apply for a marriage certificate from the Ministry of Interior at least three months before the date of marriage.
The Civil Partnerships Act (entered into force in December 2006) allows any person, regardless of sexual orientation, to marry either through civil partnership, civil marriage or customary marriage. Registered partnerships can be made by: If you or your partner are minors (under the age of 18) in the care of your respective parents or legal guardians, only the written consent of the parent/guardian (Form DHA-32) is required for you to receive a marriage certificate. Whether you are a foreigner marrying a South African citizen, a South African marrying a foreigner or you are both foreigners, any couple planning to marry in South Africa should follow the rules. Before a marriage is legally confirmed in South Africa, couples must attend an interview with the Ministry of Home Affairs. The purpose of this procedure is to ensure that both parties marry voluntarily and not under duress.