A Legal Guide for Marriage Officers OVERVIEW Statistics - PowerPoint PPT Presentation

A Legal Guide for Marriage Officers

OVERVIEW • Statistics • Legislation • Verification of marital status • Documents required • Where must a marriage be conducted • Marriage formula • Marriage Certificate • Proprietary Consequences • Name changes

STATISTICS: Marriages 2014 Civil Marriages Customary Marriages Civil Unions 1% 2% 97%

STATISTICS: Divorces 2014 24800 24600 24400 24200 24000 23800 23600 23400 2014 2013

PREPARING TO GET MARRIED: Legislation Governing Marriage in South Africa Marriage Act (25 of 1961) Recognition of Customary Marriages Act (120 of 1998) Civil Union Act (17 of 2006)

1. VERIFYING YOUR MARITAL STATUS

2. DOCUMENTS REQUIRED Single + South African =  Identity documents of both parties  Identity documents of witnesses Divorced + South African =  Identity documents of both parties  Identity documents of witnesses  Decree of divorce  2 Photographs each (marriage register)

2. DOCUMENTS REQUIRED Foreign Nationals =  Letter of no impediment  Declaration for the purpose of marriage form  Copy of passport (immigration stamp) Widow / Widower =  Identity documents of both parties  Identity documents of witnesses  2 Photographs each (marriage register)  Death Certificate

2. DOCUMENTS REQUIRED Minors =  Male under 18  Female under 15  Identity documents of both parties  Identity documents of witnesses  2 Photographs of each (marriage register)  BI-31 form signed by both parents / guardians

3. WHERE MUST A MARRIAGE BE CONDUCTED? Church or another building used for religious services Public officer or private house Serious illness or injury – hospital or concerned facility

4. MARRIAGE FORMULA “Do you A, declare that as far as you know there is no lawful impediment to your proposed marriage with B here present, and that you call all here present to witness that you take A as your lawful wife/husband?” “I declare that A and B here present have been lawfully married”

5. MARRIAGE CERTIFICATE Marriage Officer = Lodge at Home Affairs 1. Marriage Register 2. Identity Documents

6. PROPRIETARY CONSEQUENCES: How do I protect my assets after marriage? MARRIAGE IN COMMUNITY OF PROPERTY • Spouses estates are joined together • Each has an undivided share or indivisible half share of the joint estate MARRIAGE OUT OF COMMUNITY OF PROPERTY • No joining of spouses estate • Must enter into an Ante Nuptial Contract • Each party administers their own estate

6. PROPRIETARY CONSEQUENCES: Marriage Out of Community Of Property ANTE NUPTIAL CONTRACTS (ANC) Regulate the property system that will govern their marriage.

6. PROPRIETARY CONSEQUENCES: Marriage Out of Community Of Property • Executed before a Notary prior to the marriage • Registered within 3 months from the date of execution • Adaptable contract • Uncertain about the legal aspects, speak to a Notary

7. WHAT IS THE LAW REGARDING NAME CHANGES? Section 26(1) of the Birth and Death Registries Act: Assume partners name Resume a surname previously used Join his/her birth name with that of partner Retain own name

 Marriage Act (25 of 1961) Recognition of Customary Marriages Act (120 of 1998) Civil Union Act (17 of 2006) THANK YOU