Legal Requirements to Get Married in South Africa

Last checked: 5 October 2026

A vineyard ceremony is the part everyone pictures, but the paperwork that makes it legal matters just as much. In South Africa the rules are set by national law and run by the Department of Home Affairs (DHA). This guide explains who can marry you, which documents South African citizens and foreign nationals need, and what you receive afterwards. It's written with Western Cape wine-farm weddings in mind, but the requirements are the same anywhere in the country.

How we checked this

We used the DHA marriages page, the gov.za "Getting married" page, the Marriage Act 25 of 1961, DHA Circular No. 15 of 2019 (consolidated marriage procedures) and the South African Embassy in Washington's guidance. The DHA link on gov.za now returns a "not found" error, so we used DHA's current marriages page. Links are under Sources.

This is not legal advice; confirm requirements with the Department of Home Affairs and your embassy or consulate before you book.

The three types of marriage South African law recognises

According to gov.za, South African law recognises three types of marriage, and DHA manages their solemnisation and registration:

Civil marriage, under the Marriage Act 25 of 1961. DHA describes this Act as covering the union of one man and one woman. Most opposite-sex couples marry under it, though they can also choose a civil union.
Customary marriage, under the Recognition of Customary Marriages Act 120 of 1998. This is a marriage negotiated and entered into or celebrated according to indigenous African customary law. It must be registered within three months.
Civil union, under the Civil Union Act 17 of 2006. DHA defines a civil union as the voluntary union of two persons, irrespective of gender, who are both 18 or older. It's registered as either a marriage or a civil partnership. Same-sex couples marry under this Act. See our guide to same-sex weddings in South Africa.

Future changes: a single Marriage Bill (B43-2023) is before Parliament. The Parliamentary Monitoring Group's tracker still listed it as "under consideration by the National Assembly" when we checked. Until a new law comes into force, the existing Acts apply.

This guide focuses on civil marriages and civil unions, the ceremonies a marriage officer performs at a venue.

The essentials: a marriage officer and two witnesses

Only a designated marriage officer can marry you

DHA states that only designated marriage officers, authorised by a religious denomination or appointed by Home Affairs, can solemnise a marriage. They include:

DHA officials and other public servants designated as marriage officers
Magistrates, who are marriage officers because of their office (Marriage Act, section 2)
Ministers of religion, nominated by their denomination and designated by the Minister of Home Affairs

For religious marriage officers, DHA says each designation is made by an appointment or designation letter, so it's reasonable to ask your officiant about their designation. Our guide on how to find a marriage officer in South Africa covers what to ask.

Two competent witnesses

The Marriage Act requires the ceremony to take place in the presence of both parties and at least two competent witnesses (section 29(2)). After the ceremony, DHA says the two witnesses and the marriage officer must sign the marriage register. The DHA circular adds that everyone signing needs valid ID; foreign witnesses need a passport and proof of lawful stay.

You both have to be there in person

Section 29(3) rules out marrying through a representative, so proxy weddings aren't possible.

The words that make it legal

Under section 30, each of you declares that, as far as you know, there's no lawful impediment to the marriage, and the marriage officer declares you married. Religious marriage officers may use their denomination's usual form. Whatever else your ceremony includes, the declaration must be there.

Timing your ceremony

Section 29(1) says a marriage officer may solemnise a marriage at any time on any day, but isn't obliged to do so outside 8am to 4pm. If you're planning a late-afternoon or golden-hour ceremony, agree the time with your marriage officer in writing before you lock in the rest of the day.

Before the day: status checks and antenuptial contracts

Two steps happen well before the wedding:

1. Check your status on the National Population Register. DHA says couples should visit their nearest Home Affairs office for a verification of status on the National Population Register before the marriage is solemnised. Problems are far easier to fix months ahead. 2. Register any antenuptial contract first. If you want to marry out of community of property, DHA says your antenuptial contract must be registered with the Deeds Office before Home Affairs solemnises the marriage. The DHA circular says proof of registration must be handed over on the wedding day; an intention to register later isn't enough. Speak to an attorney or notary about the contract itself.

Documents for South African citizens

DHA lists what couples must give the marriage officer on the day of a civil marriage. For two South African citizens, that means:

Situation	What DHA lists
Everyone getting married	Identity document for each person
Witnesses	Identity documents (passports if the witnesses are foreign nationals)
Previously divorced	Final decree of divorce
Widowed	The deceased spouse's death certificate
Under 18	Consent from parent(s) or guardian(s) (see "Minors" below)
Marrying out of community of property	Proof the antenuptial contract is registered (DHA circular)

For civil unions, DHA's list is almost identical. It also says that if a required document can't be produced, an affidavit confirming that it's unavailable is required.

Foreign nationals getting married in South Africa

The South African Embassy in Washington says the Marriage Act doesn't treat South African citizens and foreigners differently when it comes to solemnising a marriage. It also states:

There's no residency requirement for foreign nationals.
There's no blood-test requirement.
You need two valid forms of identification, one with a photo.
You need a notarised declaration that you're not aware of any lawful impediment to the marriage.

What DHA and its circular add

Valid passport and lawful stay. DHA's circular says copies of the passport and visa or permit go to an immigration officer for verification, and the results are attached to the marriage register. Nobody in the country illegally may be married.
Letter of no impediment. Where a foreign national is marrying a South African citizen, DHA lists a valid passport, a letter of no impediment, a completed Declaration of Marriage (form DHA-31, available at Home Affairs offices) and an immigration report. The circular says the letter of no lawful impediment should come from the authorities in the foreigner's country of origin. DHA authenticates it through the South African mission in that country unless it's apostilled.
Immigration interview. Under the circular, every civil marriage or civil union between a South African citizen and a foreign national must be preceded by an interview with an immigration officer at a designated Home Affairs office, and both partners are interviewed. The immigration officer then issues a declaration letter on identity, status and whether the marriage might be a marriage of convenience.
Two foreign nationals. The circular says no interview is needed when both partners are foreigners (and neither is a refugee or asylum seeker). Their marital status must still be verified.
Refugees and asylum seekers. The circular says only Home Affairs marriage officers may marry them.

None of the official sources we read gives a processing time, so build in plenty of time and ask your marriage officer what to expect locally.

When your country can't issue a "no impediment" letter

Some countries don't issue no-impediment certificates for South Africa. The UK is the best-known example, because South Africa is a Commonwealth country. We cover the British High Commission's workaround in getting married in South Africa from the UK. Separate guides cover German citizens and Dutch citizens. Whatever your nationality, agree the exact documents with your marriage officer before you travel.

For the bigger picture of planning from abroad, see our destination wedding guide to the Cape Winelands.

Where you can marry: wine farms and the marriage officer's role

This catches many couples by surprise. Section 29(2) of the Marriage Act says a marriage officer must solemnise a marriage in a church or other building used for religious services, or in a public office or private dwelling-house, with open doors and in front of the couple and at least two competent witnesses. The Act's only stated exception for another place is the serious or long-standing illness of, or serious injury to, one or both partners.

Wine-farm ceremonies are common in the Western Cape, and the marriage officer is responsible for compliance with the Act. So:

Ask your marriage officer directly how they handle venue and outdoor ceremonies, and whether your proposed ceremony space raises any concerns.
Consider a split approach if you're unsure. Some couples complete the legal formalities with a marriage officer at another time or place, then hold a celebration ceremony at the farm. This can suit elopements and very small weddings in the Cape Winelands and couples whose venue ceremony isn't a legal one.

Get the marriage officer's answer in writing before you pay other deposits. To shortlist venues, start with the best wine farm wedding venues in the Western Cape.

On the day and afterwards: your marriage certificate

The handwritten certificate

DHA says the marriage officer gives you a free handwritten certificate (DHA-27) at the ceremony. The marriage officer then sends the register to Home Affairs, where the marriage is registered.

Abridged and unabridged certificates

Once your marriage is registered, you can apply to DHA for a copy of the certificate. gov.za explains:

The first abridged certificate is free. A second abridged certificate costs money.
An unabridged certificate (the full version) is also a paid service.
DHA's form BI-130 says an abridged certificate generally serves the purpose for which a marriage certificate is needed within South Africa, while an unabridged certificate is mainly issued for use overseas.

DHA says that since 31 March 2025 its offices have issued unabridged marriage certificates for civil marriages on the spot. We haven't quoted fees because they change. Check current fees with DHA.

If you're both foreign nationals

According to the DHA circular, two foreign spouses receive a handwritten abridged certificate, and an unabridged certificate is optional and paid. Ask your home authorities which certificate they need and whether it needs an apostille.

Prohibited marriages and minors

The South African Embassy and DHA list several situations in which a marriage is prohibited:

Either of you is already married. DHA's circular says civil marriages and civil unions are monogamous, and a second "marriage" entered into while the first is still in force is void and an offence. An existing marriage ends only through death or a court order.
You're related within the prohibited degrees, by blood or by marriage (affinity).
A person lacks the capacity to consent, unless shown to be lucid at the time (Embassy guidance).
Minors. DHA says anyone under 18 needs consent from their parent(s) or guardian(s). If that consent can't be obtained, the Commissioner of Welfare (under the Children's Act), the Minister of Home Affairs or a High Court judge can be approached before the marriage. A civil union requires both partners to be 18 or older.

If this applies to you, get current advice from DHA.

A quick legal checklist

Book a designated marriage officer and agree time, place and format in writing.
Verify your status on the National Population Register.
Register any antenuptial contract at the Deeds Office first.
Gather IDs or passports, divorce or death certificates and any consent documents.
Foreign nationals: confirm lawful stay, no-impediment documents and any interview.
Line up two witnesses with valid ID.
Afterwards, apply for the certificate you need (usually unabridged for overseas use).

This is not legal advice; confirm requirements with the Department of Home Affairs and your embassy or consulate before you book.

Frequently asked questions

Do we need to live in South Africa to get married here?

No. The South African Embassy in Washington says there's no residency requirement for foreign nationals. You'll need valid passports, lawful status and the no-impediment documents your marriage officer and DHA require.

How many witnesses do we need?

At least two competent witnesses (Marriage Act, section 29(2)). They sign the register with the marriage officer and need valid ID.

Is a wine-farm ceremony legally valid?

Wine-farm ceremonies are common, but section 29(2) of the Marriage Act describes specific places and requires "open doors", and the marriage officer is responsible for compliance. Ask how they handle venue ceremonies and get the answer in writing.

What certificate do we get on the day?

A free handwritten certificate (DHA-27). Once the marriage is registered, you can apply for an abridged certificate (the first is free) or a paid unabridged one, which DHA says is mainly for use overseas.

Does a foreign partner marrying a South African need an interview?

According to DHA's circular, yes: both partners are interviewed by an immigration officer before the marriage. Two foreign nationals don't need an interview, but their marital status is still verified.

Can same-sex couples marry in South Africa?

Yes. Same-sex couples marry under the Civil Union Act 17 of 2006, which DHA describes as the union of two persons irrespective of gender. See our same-sex wedding guide and our wider wine farm wedding FAQ.

Sources

All sources were checked on 5 October 2026.

Department of Home Affairs, "Civil, Customary and Civil Union Marriages": https://www.dha.gov.za/index.php/civic-services/marriages (documents, marriage officers, witnesses, certificates, minors). Used because the DHA link on gov.za (http://www.dha.gov.za/index.php/civic-services/marriage-certificates) returned "not found".
South African Government, "Getting married": https://www.gov.za/services/services-residents/relationships/getting-married (types of marriage, certificates)
South African Government, Marriage Act 25 of 1961: https://www.gov.za/documents/marriage-act-21-apr-1961-0000 (sections 2, 29, 30)
Department of Home Affairs, Circular No. 15 of 2019, "Consolidated procedures for solemnisation and registration of marriages" (copy hosted by a church office): https://ngkok.co.za/hulp/huwelike/Circular%20Consolidated%20Procedures_20220803_0001.pdf (foreign nationals, interviews, no-impediment letters, antenuptial contracts)
Department of Home Affairs, form BI-130 "Application for marriage certificate": https://www.dha.gov.za/images/PDFs/Marriage/bi-130.pdf
Embassy of South Africa, Washington DC, "Getting Married in South Africa": https://www.saembassy.org/visas/civic_immigration/getting_married_sa/ (residency, IDs, declaration, prohibited marriages)
Parliamentary Monitoring Group, "Marriage Bill (B43-2023)": https://pmg.org.za/bill/1204/

Rates, guest numbers, and what is bookable change. Check the farm’s website before you commit.