All persons getting married in South Africa are subject to the legislation of the Marriage Act, 1961 (Act 25 of 1961) which does not differentiate between South African citizens and aliens with regard to the solemnization of a marriage in the Republic of South Africa.
Intending bridal couples should in all cases consult the marriage officer in South Africa who is to perform the ceremony to ensure compliance with the prescribed formalities.
Under the South African Law a marriage is prohibited under the following conditions:
- Persons who are already married. An existing marriage can only be terminated through death or by a competent court of law.
- Minors. A minor may not enter into marriage unless the marriage officer is in possession of a written consent from both parents or the guardian.
- Persons without contractual capacity. This refers to majors who are suffering from mental disorders. A person who is insane, may, however, contract a valid marriage if it can be proven that the person is lucid and in full possession of his faculties when concluding the contract.
Prohibited degrees of relationships as indicated below:
- the forebear or a descendant of the husband/wife.
The following are the noted general requirements for getting married in South Africa. Once again it is suggested that intending bridal couples should consult the marriage officer in South Africa who is to perform the ceremony to ensure compliance with the prescribed formalities.
Checklist of Documents to be Submitted:
- Two (2) valid identification; one must be a photo ID.
- a notarized declaration by the party concerned to the effect that the person is not aware of any lawful impediment to the proposed marriage.
There is no residency requirement for foreign nationals.
There is no blood testing requirement.