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

97% 2% 1% Civil Marriages Customary Marriages Civil Unions

STATISTICS: Divorces 2014

23400 23600 23800 24000 24200 24400 24600 24800 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.

• 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
• 6. PROPRIETARY CONSEQUENCES:

Marriage Out of Community Of Property

• 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