Wedding Legalities
This article aims to give you some guide lines with respect to the legal issues of a wedding. Because it is a long term commitment, there are a lot of legalities, and potential pitfalls, regarding a wedding. We cannot hope to cover all the details in this limited space and if you have any doubt it is best to contact a lawyer or other knowledgeable professional.
Before the wedding day, most couples opt to sign and register an antenuptial contract. An antenuptial contract is a legally binding contract (not a love-letter!), and will probably be with you for the rest of your life. Hence, some careful thought is advised. You can often buy standard antenuptial contracts “off the shelf”, but if you have special needs or uncertainty about what you want, it is best to make an appointment with a lawyer. Do not neglect the contract, because it is often difficult and expensive to alter afterwards.
The actual wedding ceremony can take place on any day, and at any time, provided that you can convince an officer and witnesses to be present. At the ceremony only a legal officiator can officiate a wedding. Religious figures, such as ministers or priests, must obtain a special certificate to be able to officiate a wedding, while a magistrate is automatically authorized. Most religious figures will however be open and honest about their status, and will be able to advise you about your options.
By law it is required that the wedding take place under a roof, in a church, public office or private dwelling. It is also required that the doors must be open so that anybody who wishes to raise objections has access to the ceremony. If you plan on getting married on the beach, in a garden or a building not mentioned by the act, it is advisable to repeat the vows and sign the documents indoors.
Both parties, two witnesses and the officiator must be present at the ceremony. The wedding registry must be signed by the marriage partners, as well as the witnesses. Witnesses must be over the age of 16, but need not be South African citizens.
Before the wedding day, most couples opt to sign and register an antenuptial contract. An antenuptial contract is a legally binding contract (not a love-letter!), and will probably be with you for the rest of your life. Hence, some careful thought is advised. You can often buy standard antenuptial contracts “off the shelf”, but if you have special needs or uncertainty about what you want, it is best to make an appointment with a lawyer. Do not neglect the contract, because it is often difficult and expensive to alter afterwards.
The actual wedding ceremony can take place on any day, and at any time, provided that you can convince an officer and witnesses to be present. At the ceremony only a legal officiator can officiate a wedding. Religious figures, such as ministers or priests, must obtain a special certificate to be able to officiate a wedding, while a magistrate is automatically authorized. Most religious figures will however be open and honest about their status, and will be able to advise you about your options.
By law it is required that the wedding take place under a roof, in a church, public office or private dwelling. It is also required that the doors must be open so that anybody who wishes to raise objections has access to the ceremony. If you plan on getting married on the beach, in a garden or a building not mentioned by the act, it is advisable to repeat the vows and sign the documents indoors.
Both parties, two witnesses and the officiator must be present at the ceremony. The wedding registry must be signed by the marriage partners, as well as the witnesses. Witnesses must be over the age of 16, but need not be South African citizens.
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