Marrying a foreigner – How to make it official
25 Nov 2021
South Africa is a highly sought-after tourist destination, as well as home to many asylum seekers. Many South Africans also work abroad, giving rise to daily encounters with foreigners. These encounters often develop into great relationships, strong bonds and sometimes even into marriage. So, for those whose love expands across oceans and borders, it is essential to make sure your potential marriage is official.
What is required for South Africans marrying foreigners?
The process can be simple if you plan and prepare correctly and your preparation can also save you a great deal of time and money. To simplify, we have broken it down into five easy steps, so before sending out those wedding invitations and making those bookings, make sure you are well prepared. [1]
Your marital status must be checked
The first step in the process of formalising your union with the one you love is to check your marital status. Due to the high number of South Africans falling victim to corrupt officials marrying them without their knowledge to desperate foreigners attempting to get into South Africa, it is crucial that you make sure your status has not been tampered with. Many countries, including South Africa, require proof that you are not already married.
Letter of no impediment
As mentioned previously, many countries require proof that you are not already married in order to approve your marriage taking place. This brings us to the next step in the process, which is the letter of no impediment. This is a document that you will get from the Department of Home Affairs if you are a South African citizen, stating there is nothing to stop you from getting married. The document may go by other names in other countries and you will be required to register this with these other countries.
Tying the knot
This is the fun part and, although it may differ from country to country, the concept remains the same. The important thing here is to be extremely careful to keep all documents relating to the marriage process or wedding. In South Africa, the most important document is the marriage register; without this, the Department of Home Affairs will be unable to generate your marriage certificate.
Registering your marriage and obtaining your certificate
The last two steps in the process are to register the marriage and obtain an unabridged marriage certificate. It is important to note that if you get married in another country, the marriage will be registered there, but in South Africa you will still be unmarried unless you register your marriage. Therefore, all the above-mentioned documentation is vital for the registration process, as well as an indication as to what surname you want. Once the marriage has been registered, an unabridged marriage certificate should be applied for. This will serve as proof that your marital status has been changed on the South African Department of Home Affairs’ system and your union is officially noted.
Conclusion
Though it appears simple, this process can be very strenuous and time-consuming and can also place a severe burden on you and your future spouse. It is essential to know what the process entails and to plan accordingly. Consult with a legal professional before attempting to start this process yourself.
Contact an attorney at SchoemanLaw for your legal needs.
References:
[1] Marriage Certificates. Available at: http://www.dha.gov.za/index.php/marriage-certificates (accessed on: 20 October 2021).See also:
(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)