LEGALITIES

 

Reverend Linda Everitt is registered under the Civil Union Act of 2006.  The Act allows anyone – regardless of their sexual orientation – to marry either through a civil marriage or a customary marriage.  Same-sex and straight couples may register their unions either as Marriages or as Civil Unions, but there is no legal difference other than the heading name.  

 

We - (Ordained Clergy) have a choice of 2 exams to be written for registration (We are only allowed to take one exam)        

     - one for heterosexual sex (straight)  couples.  {Civil Marriage – Marriage Act}

                                   OR

     - One for both - heterosexual (Straight) couples as well as same sex couples - this is the one I have. {Civil Union Marriage and/or Civil Union Partnership – Civil Union Act}

 

Although couples married under the act are afforded all rights provided under the marriage act, a same-sex Civil Union is not recognized in some countries – it is your responsibility to ascertain the laws for the country you will be residing in after your marriage.  

If you are a heterosexual (straight) couple, your marriage will be recognized anywhere in the world.

 

What are the prerequisites?

●               Both Parties must be over 18 years of age.

●               Both parties should be in possession of a South African bar coded ID book or smart card (or passport if foreign national).

●               Two witnesses ( both must be over 18 years of age)

 

 

What documents are required?

There are three scenarios each requiring different sets of documents. 

Where both parties are South African

Where both parties are Foreign Nationals

Where one party is South African and the other is a Foreign National

 

Where both parties are South African:-

The following documentation will be required at the first meeting with our Marriage Officer:

-        3x  ID size photos eachof both parties

-        2x Copies eachof Identity documents of both parties (Green bar coded ID Book / Both sides of Smart Card.  Temporary ID document acceptable.   Photo MUST be clear)

-        2x Copies eachof identity documents of each witness (Green bar coded ID Book / Both sides of Smart Card.  Temporary ID document acceptable.   Photo MUST be clear)  x2 witnesses required

-        2x copies of Divorce order, if either or both parties have been married before (if applicable)   Note: Only first page stating Divorce Decree and Case Number is required.Must be in English or be professionally translated into English.

-        2x Certified copies of Death certificate (if applicable)Must be in English or be professionally translated into English.

-        Letter from your lawyer if you have set up an Antenuptial Contract.**

**NB:  Antenuptial Contract MUST be signed at the lawyer BEFORE the date of the wedding

 

 

 

 

Where both parties are foreign nationals:-

The following documentation will be required at the first meeting with our Marriage Officer:

-        3x ID size photos each of both parties

-        2x copies eachpassports of both parties - Photo Must be CLEAR 

-               2x copies of temporary residence permits or tourist visas or Immigration permits or page with entry stamp on passport each

-        2x eachletter of non-impediment from Embassy/Internal Affairs in own country. ( Free to Marry letter)  - One original & one copy each  (Must be in English. To be professionally translated & certified if not in English)

-        2x Affidavit eachsigned at Police Station- (4x in total)-  Can be done in South Africa free of charge – see attached

-        2x Certified copies of Divorce Decree, if either or both parties have been married before (if applicable)  Note:  Only first page stating Final Divorce Decree and Case Number is required. (Must be in English. To be professionally translated & certified if not in English)

-        2x Certified copies of Death certificate (if applicable) (Must be in English. To be professionally translated & certified if not in English)

-        2x Certified copies of ID documents each of Witness # 1 and Witness #2

-        Letter from your lawyer if you have set up an Antenuptial Contract.**

**NB:  Antenuptial Contract MUST be signed at the lawyer BEFORE the date of the wedding

- 2x  DHA Affidavit in lieuw of SA ID  (to be provided by Marriage Officer)

 

 

 

 

 

Where one party is a South African Citizen and the other party is a foreign national:-

 

An Interview must be secured at the Immigration Department

The following documentation will be required to secure the interview at the Immigration Dept.

-        1x certified copy of Identity document of South African ( Temporary ID document acceptable)

-        1x certified copy passport of Foreign National - Photo Must be CLEAR 

-               1x certified copy of temporary residence permit OR tourist visa OR Immigration permit OR Entry stamp on passport.

-        1x CertifiedCopyof letter of non-impediment from Embassy/Consulate in SA or Internal Affairs in own country. ( Free to Marry letter) - for Foreign National only. Or letter from Embassy/Consulate stating that they do not issue Letter of Non-Impediment.  (Must be in English or to be professionally translated into English)

  NOTE:  The original goes to the Marriage Officer

-        1x Affidavit signed at Police Station- (Foreign National)

-        1x Certified copy of Divorce Decree, if either or both parties have been married before (if applicable)   Note: Must be in English or be professionally translated into English..

-        1x Certified copy of Death certificate (if applicable)Note: Must be in English or be professionally translated into English..

 -             Letter of Motivation from the Marriage Officer

 

The following documentation will be required at the first meeting with our Marriage Officer:

-        3x ID size photos each of both parties

-                 2x Copies of Identity documents of South African (Green bar-coded ID Book / Both sides if smart card.  Temporary ID document acceptable)

-        2x Copies of passport document of Foreign National- Photo Must be CLEAR 

-               2x copies of temporary residence permit or tourist visa or Immigration permit

-        1x Originalletter of non-impediment from Embassy/Internal Affairs in own country. ( Free to Marry letter) Must be in English or to be professionally translated into English)

-        2x Affidavit signed at Police Station- (Foreign National)

-        2x copies of Divorce Decree, if either or both parties have been married before (if applicable)   Note: Only first page stating Divorce Decree and Case Number is required. For Foreign National – Divorce decree Must be professionally translated into English.

-        2x copies of Death certificate (if applicable)Must be in English or be professionally translated into English.

-                 2x copies of Identity documents each of  Witness #1 & Witness #2

-        Letter from your lawyer if you have set up an Antenuptial Contract.**

**NB:  Antenuptial Contract MUST be signed at the lawyer BEFORE the date of the wedding

 

- 2x certified  DHA Affidavit in lieuw of SA ID  (to be provided by Marriage Officer)

 

- Date, time, Name and Surname of Immigration Officer who conducted the interview.

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