Legal requirements
What you need for a legal marriage in South Africa
The law requires the same essentials for every couple, but the documents and pathway depend on your circumstances. This page covers how the legal process works, what to prepare, and ends with a personalised documents checklist for your situation.
How the legal process works
The correct legal pathway and Home Affairs paperwork depend on your circumstances and whether your ceremony proceeds under the Marriage Act or the Civil Union Act. Your assigned registered marriage officer will confirm the pathway, check the required documents, conduct the legal ceremony, and submit the relevant marriage register through the Home Affairs process. If you are not sure who does what, read marriage officer vs Home Affairs for a plain-language breakdown of the two roles.
Both spouses must be present and consent to the marriage, and two adult witnesses are required. Document requirements can change according to citizenship or permanent-resident status, previous marriages, antenuptial-contract choices, and the witnesses’ identity documents.
We confirm these details before the ceremony so that the legal process and the ceremony plan match your situation. If you want the plain-language version before you work through the full checklist, read What documents do you need to get married?.
Guides by situation
Identity, citizenship, and marital history all affect exactly what you need to bring. Start with the guide that matches your circumstances.
- SA citizens — what South African citizens need to prepare.
- Foreign nationals — additional requirements when one or both spouses are not South African citizens.
- Previously divorced — what to bring if either spouse has been divorced before.
- Previously widowed — what to bring if either spouse has lost a previous spouse.
- ANC contracts — antenuptial contracts and community of property explained.
- Legal wedding ceremony — what happens on the day, step by step.
The process from start to finish
- Initial consultation. We meet — in person or over video — to discuss your situation, your documents, and the kind of ceremony you want.
- Document check. We confirm what you need to bring to the ceremony. Use the documents checklist below to prepare in advance.
- Ceremony planning. We write a ceremony that reflects who you are and what you want. Legal does not have to mean generic.
- The ceremony. Your registered marriage officer conducts the ceremony and completes the relevant register with both spouses and the two witnesses.
- Registration. The marriage officer submits the relevant register through the Department of Home Affairs process. Home Affairs processing times are outside our control.
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Bring your original green barcoded ID book or Smart ID card. If only one of you holds a South African ID, only that person needs to bring it.
Applies to Each of you who holds a South African ID
Bring your original valid passport. It must not expire before your ceremony date.
Applies to Each of you who does not hold a South African ID
Bring your valid visa, permit, or entry stamp confirming that you are lawfully present in South Africa.
Applies to Each of you who is a foreign national
Bring the original letter confirming that you are free to marry.
Required if At least one of you is not a South African citizen.
Bring an official English translation if your letter of no impediment is not in English.
Required if Your letter of no impediment is not in English
Before the immigration interview, the Department of Home Affairs requires the foreign partner’s embassy or consulate in South Africa to verify or confirm the letter of no impediment.
Required if One of you is a South African citizen and the other is a foreign national without a South African ID
Bring confirmation from your attorney that your ante-nuptial contract has been signed or will be ready before your ceremony.
Required if You are marrying out of community of property
Before your ceremony, confirm with Home Affairs that your divorce has been registered. If it hasn’t, don’t panic — it does not mean you are still married. Take your divorce decree to any Home Affairs branch so they can update your marital status. You will need to go in person because they must verify your identity.
Required if One of you is divorced.
Bring the original death certificate. We have not encountered a case where Home Affairs failed to register a previous spouse’s death, but we still recommend confirming that your marital status is recorded as widowed before your ceremony.
Required if One of you is widowed.
Three photographs of each of you.
Each of your two witnesses must bring a copy of their identity document. South African witnesses must provide a South African ID, not a passport or driver’s licence. A foreign-national witness may provide a valid passport.
You must complete the immigration interview at the Randburg Department of Home Affairs on Malibongwe Drive because this is where Your Wedding Ceremony is registered. We can only book the interview after we have checked and confirmed your complete document pack. Home Affairs must approve the interview before we can officiate.
Required if One of you is a South African citizen and the other is a foreign national without a South African ID
Common questions
Do we have to go to a Home Affairs office?
For most South African-only pathways, the registered marriage officer submits the relevant register. Foreign-national pathways require a Home Affairs interview before the ceremony.
How long does it take for the marriage to be registered?
The marriage officer submits the relevant register after the ceremony. Home Affairs processing and certificate timelines vary and are outside YWC's control.
Can we get married on a weekend or public holiday?
Yes. We work on weekends and public holidays. The legal requirements are the same regardless of the day.
What if one of us has been married before?
You will need to provide proof that the previous marriage has legally ended — either a final divorce decree or a death certificate. The documents checklist above covers exactly what is required in each scenario.
Questions about your situation?
Every couple’s circumstances are a little different. If you are unsure about what you need, ask us directly and we will help you work through it.
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