Getting married in South Africa as a foreigner or mixed-nationality (one partner from SA and one not from SA) couple is entirely possible—but it does come with some extra paperwork and planning. Whether you’re a South African marrying someone from another country or both of you are from abroad, understanding the legal requirements will help make the process smooth and stress-free. Here’s everything you need to know.
South African marriage laws allow foreigners to marry South African citizens or other foreigners within the country. However, both parties must meet legal requirements, including presenting valid identification and ensuring that there are no legal impediments to the marriage.
For anyone to get married in South Africa, you must be over 18, unmarried and have valid identification as well as the required documentation.
Required documentation
What documentation you ask? These are the basic documents you need to start with:
- A certified copy of your ID if you’re South African or a copy of your passport if you’re a non-South African
- 2 witnesses and their ID/passport copies (must be over 18 years old)
- 3 x ID/passport photos
- If you have been previously married, Home Affairs will require a copy of the decree of divorce/death certificate (whichever applies).
- If you have an ante-nuptial agreement, you will need letter from your lawyer stating that you have signed one.
If you’re a non South African, you will need some extra documentation, namely:
- You will also need to include a photo of your South African visa, if applicable, along with a photo of the entry stamp you got at South African customs.
- A Letter of Non-Impediment from your home country. If you’re in SA, you can get it from an Embassy, Consulate or High Commission. This document states that you are not married in your home country, since South African Home Affairs can’t check on their system.
- Some countries take a long time to issue these letters, like Zimbabwe, so plan ahead. You can’t get married without one.
- Some countries don’t provide these letters such as the UK, USA and Canada. The UK does issue a letter saying they don’t provide one and you’ll need a copy of this. In the place of a letter, you will need an affidavit or statutory declaration stating you are unmarried.
If you’re from a country where English isn’t the first language, you will need to get all of the paperwork translated by an approved service.
* The required paperwork requirements have recently changed. Please make sure you know what they are before your interview
South African and Non-South African
If one of you is South African and the other is a non-South African, you will need to have an Immigration interview at a Home Affairs office with an Immigration officer, before you can get married. The interview needs to be booked in person and in advance and you both need to appear in person on the day of the interview. You will need to do the interview at the office your marriage officer is registered at.
Each office is different though when it comes to their process. I am registered at Randburg, one of the busier offices. They only do Immigration interviews on a Wednesday morning and only do 5 couple interviews. They book up quite quickly, so you’re advised to book at least 3 months in advance, but the longer lead time the better. You will need to take all of your paperwork along as well as a letter of intent from your marriage officer, if you have one. They also prefer to have at least a couple weeks before the wedding date to consider your interview, so don’t book too close to your wedding date.
Once the Immigration Officer has issued the declaration letter, the marriage officer can go ahead with the marriage. It often gets sent directly to the marriage office. Home Affairs will not register a marriage without the letter as well as all supporting documentation.
Marriage certificates
You will receive an abridged marriage certificate after the ceremony (handwritten). Once your marriage is registered, you can apply at any Home Affairs office for the printed abridged certificate, which you will receive while you wait.
If you require an unabridged copy, you can apply for one at the same time. It takes about 3 months from Home Affairs. The unabridged copy is needed when applying for a foreign passport or foreign citizenship. If you are not living in South Africa, I recommend hiring a service to apply on your behalf for the unabridged certificate. If you need it faster than 3 months, a service can help with this too.
Moral of the story… you can definitely get legally married in South Africa but make sure you plan ahead and have all your documentation ready to help keep your stress levels down!
For more information, get in touch with me!
I am not able to advise on the South African spousal visa process, but if you need to apply, check out this really helpful article from Migrate with Q
* Please note: This is basic information and may rules and processes change from time to time. Please check with a registered marriage officer to confirm the documentation you need as well as the applicable processes.
If one of you has refugee status in South Africa, you can only be married by a Home Affairs official at a Home Affairs office. I recommend going in person to get the relevant information and to book your marriage.