legal marriage Archives - Marriage Officer Lara

So many couples want a simple ceremony/signing at my home or at theirs but they don’t know exactly what that entails or includes. I’m writing this to answer that question. Technically, the legal side of getting married is very short. Very. It entails two essential questions – the first asks you to confirm that there is no legal impediment to your proposed marriage. Romantic, I know. The second is the more beautiful and classic question: Do you take x to be your partner in life and your wedding wife/husband? If we’re sticking to the pure legalities, I’d move from those questions to the pronouncement. And then you may kiss if you want to (the legislation doesn’t include a ring exchange nor the line ‘you may kiss the…’

Some couples want the bare minimum. They want me to stick, to the letter, to the legal side. Sometimes couples opt for this because they have planned a wedding and they want to save all the special moments for the ceremony in front of their loved ones. For them, the legal signing is administrative. If that’s what you want, I’m happy to oblige.

In my opinion though, the pure legal side is a bit too clinical. And, to be honest, even if we stick to the two questions and the pronouncement, there is no escaping that it’s a special moment. It often takes people off guard. They don’t expect to cry, but they do. They don’t expect to be moved, but they are. That’s why I think you should embrace the legal signing and make it a thing. A celebration. I think you should take a few minutes to pause and acknowledge what a big deal it is to get married and create a short but meaningful ceremony around it. In my experience, making the signing special does not detract from any future celebration or wedding you’re planning. In my experience, it simply allows for you to have both: the intimate ceremony and signing and the wedding (if you so choose).

To reiterate, the choice is yours and I will respect your decision (even if your mom is eyeing me out, begging for a poem). It’s your marriage and your day.

A simple meaningful ceremony

For those who fully embrace the idea that the simple signing should be meaningful and memorable, I would love to lead a short heartfelt ceremony for you which would include an introduction from me (why we’re gathered); mention of why ceremonies are important; a poem; vows (if you’d like you can also exchange your own personal vows – if so, let me know); a ring exchange (if you’d like one); a blessing in the form of another poem; and a pronouncement.

Besides a ceremony, what is included?

After the ceremony (or after the questions and pronouncement if you want to stick to the pure legal side of things), you and your witnesses will sign the registry and I’ll paste you and your now spouse’s photos in the registry. The registry is in triplicate – and the middle ‘copy’ is yours to take home. This is the most important document I hand to you because I cannot replace it and the other two ‘copies’ end up at home affairs which makes yours all the more precious. You should, accordingly, scan the registry and save it online so that even if you lose the hardcopy, you have the electronic version as a backup.

I will also issue you with a handwritten abridged marriage certificate. Forewarning: It is a very basic looking certificate. So basic that it is surprising that it holds any legal standing whatsoever. But it does. If you and your now spouse bought a property straight after we did all the paperwork for your marriage, you could send them a copy of the handwritten marriage certificate as proof that you’ve just gotten married. Because you are married.

I will then take my registry and lodge your marriage at home affairs for you. Home Affairs will register it within 5 days of lodging (sometimes they’re quicker).

What doesn’t the service include?

Printed out marriage certificates. There are two: An abridged marriage certificate and an unabridged marriage certificate. If you have booked your appointment online through acuity and have received confirmation of your appointment, you will also receive an email after your ceremony/signing, which includes details about how to go about getting your printed abridged and unabridged marriage certificates. Please note that quite a lot of couples believe that home affairs automatically generates printed marriage certificates for them and so they ask me when they can go and collect these certificates but this is not the case. For home affairs to issue you with a printed marriage certificate, you have to complete an application and pay a small fee. Again, more details on this and how to go about it will be sent to you via email after your signing/ceremony.

Where will our signing take place?

In my home. While I’m not going to share photographs here, I will say that my home is high up in Vredehoek (nice views if not overcast) and it’s a light and beautiful space. Also, just to note incase it is unclear – these photographs (the one at the beginning of the post and the one below are not from a simple ceremony and legal signing – I said I have nice views but not THAT nice. These photographs were taken after a simple signing when the couple and I went exploring (near Saunders beach to shelter from the wind and then down Kloofnek). If you’d like to add a couple shoot onto your signing to remember this time in your life – chat to me.

Before we get into the nitty gritty, let me say that once we’ve jumped over all the hurdles and laid our careful plan to get you and your fiance engaged, there is so much excitement and joy awaiting you. You’re getting married in Cape Town. Cape Town!!! It’s magnificent. And more than that, you’re getting married to your person. Here’s a photograph to make you a little excited before we deep dive into the boxes that need ticking.

Attaining a letter of non-impediment as a foreigner

The first thing you should know is that the foreign national needs to attain a letter of non-impediment – essentially a letter confirming their marital status from their country. This letter will usually be issued by their equivalent of home affairs or a consulate. Every country handles letters of non-impediment differently. For example, Germany issues quite a standard letter of non-impediment which contains within it an English translation – this may seem simple enough but Germany also requires the SA citizen to first attain their own letter of impediment from SA home affairs, have it apostilled, and only then they will issue the required letter to the German national. The process for the UK on the other hand is very simple – all that is required is for the English national to do an affidavit at an SA police station (or if they choose to get a notary to do it in the UK) confirming that there is no legal impediment to their proposed marriage to such-and-such. There’s also a standard letter that the marriage officer must lodge with the marriage documents and together this affidavit and standard letter suffice for the letter of non-impediment. As you can see from these two examples, the hurdles for attaining a letter of non-impediment vary widely and I cannot detail each country here nor do I know of the processes involved within each country. I do, however, know the process when it comes to some countries and I have examples of letters and so please let me know where the foreign partner is from and I may be able to point you in the right direction.

Importantly, the letter of non-impediment must be linked to the passport that the foreign national enters the country on.

Another important thing to note: If your letter of non-impediment is issued overseas, it must be apostilled. This is because South Africa’s home affairs will not make contact with foreign entities to confirm the authentication of the letter of non-impediment. The apostille means that the authentication is not necessary and so the home affairs official can skip this step. If, for example, your letter of non-impediment was issued by the French consulate in Cape Town then you wouldn’t need an apostille. The home affairs official would, however, have to contact the consulate to verify the authenticity of the letter of non-impediment. This can cause ‘lost’ days if the official and the consulate struggle to connect but sometimes the process is a quick one (see logistics below).

An immigration interview

Many SA/foreign partner couples are not aware that they have to undergo an immigration interview at home affairs before they can go ahead and get legally married. This is true even if the couple has no intention of living in South Africa. It is an unavoidable step if you want to get legally married in South Africa.

Different home affairs within South Africa have different protocols around booking these interviews.

Each marriage officer is linked to a specific home affairs. I am linked to Barrack Street in Cape Town CBD. My home affairs, and many others, have implemented the ‘rule’ that the interview and marriage registration must happen under one home affairs roof – ie in the same office. This is because after the immigration interview, a report is issued and this report needs to find its way to the marriage section of home affairs. When the interviews were taking place at one home affairs and the registration at another, the interview reports often weren’t sent to the right officials or not received and this caused a lot of delays.

Immigration interviews at Barrack Street only take place on Monday, Tuesday and Wednesday mornings.

Logistics

It is often the case – due to work commitments and life – that SA/foreign couples don’t have a lot of time in South Africa and it’s a challenge to make sure all the necessary steps are complete. If, for example, a groom is flying in on a Wednesday and departing the next Monday, it becomes near impossible for us to tick all the boxes of getting the two of you legally married for a number of reasons: (1) Interviews only happen on Mondays, Tuesdays and Wednesdays and so your schedule does not allow for an interview day; (2) The home affairs official needs at least 48 hours to verify the entry stamp of the foreigner entering the country and so even if the groom arrived really early on on the Wednesday, the entry stamp wouldn’t have ‘cleared’ and so the interview would not be able to proceed. For this reason and others, couples should plan for at least two weeks in Cape Town if they want to do an immigration interview and get legally married during the same visit. These two weeks should, ideally, include as many Mondays, Tuesdays and Wednesdays possible.

In order for us to have the best chance of lining everything up, you need to give me at least two months warning of your intention to do the interview and get legally married – this is due to the fact that home affairs’ diary fills up and so if you let me know a week before your arrival that you’ll be in the Cape Town for two weeks, I won’t be able to assist because there won’t be any interview dates available for the time you’re here.

There are other logistics that I will discuss with each couple on a case by case basis such as which dates for the interview we will try for and small details like where to be and when.

How soon after your immigration interview can you get legally married?

As long as you pass the immigration interview, I can marry you. It could even be on the same day. What does pass mean? The official must give you verbal confirmation that you can go ahead and get legally married.

Should we be nervous about the interview process?

No. Any genuine couple has absolutely nothing to worry about.

What other documentation is required for us to get legally married in South Africa?

A copy of the SA citizen’s SA ID;

A copy of the foreign nationals passport;

A copy of the entry stamp within the foreign partner’s passport on arrival in South Africa;

A copy of divorce decree/s if either or both of the partners has been previously married before; and

A letter from your notary confirming that you have signed/executed an ante-nuptial contract, if you have decided to enter into such a contract.

And then a letter from me confirming I will be legally marrying you (but you don’t have to worry about this part).

What to expect from a simple ceremony and legal signing at my home or yours

What you need to know if you’re a South African citizen marrying a foreign national

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