The Department of Home Affairs in South Africa oversees the solemnisation and registration of civil marriages, customary marriages, and civil unions. The Marriage Act and related regulations govern civil marriages, while the Recognition of Customary Marriages Act recognises customary marriages, and civil unions are established under the Civil Union Act.
Ready to Tie the Knot?
- Ensure you meet legal requirements
- Understand the implications of marriage
- Comply with all legal requirements
If unsure about any requirements, seek legal advice.
Verifying Marital Status
To prevent fraudulent marriages, individuals can check their marital status using their South African ID number or by sending an SMS to confirm their status.
Documentation for Marriage
On the wedding day, be prepared to provide:
- Identification documents for both parties
- Passports for foreign nationals marrying South Africans
- Consent for minors
- Final divorce decree for divorcees
- Death certificate for widows/widowers
Executing the Marriage
Authorised marriage officers conduct ceremonies at Department of Home Affairs offices or churches.
Marriages can take place at:
- Places of worship
- Public offices or private homes
- Medical facilities in emergencies
Marriage Certificates
Following the ceremony, marriage certificates are signed by two witnesses and the officiating officer issues a handwritten certificate. Details are recorded in the National Population Register.
Additional certificates can be obtained by:
- Completing and submitting a form
- Payment of the fee
The first abridged certificate is complimentary, and re-issues cost R75.00.
Additional documents can include:
- Vault copy of the register
- Abridged marriage certificates
Forbidden Marriages
Prohibited marriages include:
- Minors without consent
- Existing marriages or bigamy
- Incompatible matches
Permission for Minor Marriages
Parental approval is necessary for minors to marry. In cases of refusal, an application can be made to a Child Welfare Commissioner or a judge for endorsement.
Nullification of Minor Marriages
Marriages conducted without proper consent can be declared void by the High Court before the minor reaches 21 years or within six weeks of parental awareness. Minors can also annul their marriage before turning 21 or within three months after.
Traditional Marriages
Traditional marriages adhere to native laws in South Africa and must be registered within three months.
Prerequisites for Traditional Marriages
Along with legal requirements, parental consent is mandatory for minor marriages. Multiple marriages necessitate a court order.
Registration of Traditional Marriages
Couples, witnesses, and pertinent family members must register the marriage with the Department of Home Affairs or a traditional leader within three months. Parents must be present if the spouses were minors at the time of marriage.
Registration of customary marriages involves the completion of BI-1699 and payment of the required fees. Subsequently, the Department issues an acknowledgement of receipt BI-1700.
Registration of Multiple Traditional Marriages
If a man is already in a customary marriage and wishes to enter into another, he must obtain a court order regulating his future matrimonial property system. Alternatively, he can opt for a civil marriage following standard procedures.
Civil Unions
The Civil Union Act permits individuals to marry through civil unions, civil marriages, or customary marriages. Designated marriage officers or designated officers employed by the Department of Home Affairs and the Magistrates’ Courts conduct civil unions, with a minimum of two competent witnesses required at the ceremony.
Preconditions for registering a Civil Union:
- Both parties must be at least 18 years old
- Neither party may be married under any other Act
Essential documents for concluding a Civil Union:
- Valid South African identity documents for both individuals
- A valid passport if one partner is a foreign national
- Completed Form DHA-1763 (Declaration for Marriage)
- Form DHA-1766 (Civil Union register)
- Completed Form DHA-1764 (Registration of a Civil Union)
- Copy of the Divorce Order if either partner was previously married
If any required documentation is unavailable, an affidavit must be submitted.
A newlywed couple joyfully celebrating their union.
Marriage is a legally recognised bond between two individuals. The ideal age for marriage varies globally, influenced by economic stability and family context. Trends show a rise in the age of first marriages, accompanied by a growing acceptance of cohabitation.
Global Marriage Trends
In Eastern Europe, marriages occur at earlier ages compared to Central and Nordic countries. Moldovan men and women marry at the youngest age, while Nordic countries record the highest average age at first marriage.
Influences on Marriage Age
Wealthier nations report a later average age at first marriage. Young adults in developed countries delay marriage to pursue education and career goals, while societal norms and religious beliefs impact marital timing in certain regions.
In addition to education and career goals, cultural traditions and family expectations also play a significant role in determining the age at which individuals choose to marry. In some cultures, arranged marriages are common and may occur at a younger age compared to those in cultures where individuals have more autonomy in choosing their partners.
Marriage and Family Dynamics
Countries with higher average ages at marriage typically have smaller family sizes, leading to potential generational gaps. Shifts in marriage timing can impact family structures and dynamics.
Impact of COVID-19
In 2020, the COVID-19 pandemic resulted in a notable decline in both marriage and divorce rates.
The divorce rate in the US increased to 2.5 per 1,000 people in 2021, reflecting a rise from the previous year.
Studies show that millennials are delaying marriage, contributing to fluctuations in both marriage and divorce rates.
While divorce rates have fluctuated over the years, nearly half of marriages in the US end in divorce or separation.
41 percent of all first marriages end in divorce.
The US ranks 6th globally in terms of divorce rates.
On average, couples wait about three years post-divorce before remarrying.
Wives often initiate divorce proceedings more frequently than husbands.
Various professions, including dancers and bartenders, have higher divorce rates.
Research reveals the primary reasons behind divorces, with lack of commitment being the most cited factor.
The top reasons and their percentages are:
– Lack of commitment 73%
– Excessive arguing 56%
– Infidelity 55%
– Marrying young 46%
– Unrealistic expectations 45%
– Relationship inequality 44%
– Lack of marital preparation 41% or Abuse 25%
(Respondents often reported multiple factors, leading to percentages exceeding 100 percent)
48 percent of individuals marrying before 18 are more likely to divorce within a decade, compared to those marrying after 25, where the divorce rate is lower at 25 percent.
Did you know that the age at which couples get married can significantly impact their likelihood of divorce? Research shows that couples who marry between the ages of 20-25 have a 60 percent chance of ending in divorce. However, those who wait until they are over 25 have a 24 percent lower risk of divorce.
Furthermore, if both partners have had previous marriages, the risk of divorce increases by 90 percent compared to couples where both partners are marrying for the first time. Additionally, individuals with strong religious beliefs have a 14 percent lower risk of divorce, while those with no religious affiliation have a 14 percent higher risk.
According to Dr. Jennifer Glass, the concentration of conservative or evangelical Protestants in a county can be a strong predictor of divorce rates. High school dropouts are 13 percent more likely to get divorced, while college attendees have a 13 percent lower risk. Those with below average IQs are 50 percent more likely to be divorced compared to those with above average IQs.
Political affiliation also plays a role, with conservatives having the lowest divorce rate at 28 percent, compared to liberals at 37 percent and moderates at 33 percent. Living in a red (Republican) state increases the risk of divorce by 27 percent compared to living in a blue (Democrat) state.
Cohabiting couples have a 60 percent chance of eventually marrying, but living together before marriage can increase the risk of divorce by 40 percent. Women who have lived with multiple partners before their first marriage are 40 percent more likely to get divorced.
Research also shows that meeting your spouse in high school, college, or grad school can lower the risk of divorce by 41 percent, whereas meeting in bars increases the risk by 24 percent. Early sexual activity, with losing virginity as a teenager, also increases the risk of divorce.
Parental influence is significant, with happy marriages decreasing the risk of divorce by 14 percent. However, if parents have divorced and remarried, the risk of divorce increases by 91 percent. Children of divorced parents are also more likely to divorce, with daughters having a 60 percent higher rate and sons having a 35 percent higher rate.
Having children can impact divorce rates, with couples with children having a 40 percent lower divorce rate. Financial factors also play a role, with higher incomes decreasing the risk of divorce and financial disagreements increasing it.
Overall, divorce rates are influenced by a variety of factors, from age and education to parental influence and financial stability. It’s important to understand these factors and seek support if needed to navigate the complexities of marriage and divorce.