Wedding Contracts, pre-nuptial agreements and lawyers in South Africa | In order to ensure your South African marriage is not just romantic, but also valid, there are a few very important legal matters you need to attend to.

Make sure you take the time to carefully consider and discuss the various aspects and options, as changing the basis of your marriage contract later on can be a costly exercise!

It is vitally important to leave enough time to discuss your marital contract options – preferably before last minute arrangements cause extra stress. In South Africa there are three matrimonial property systems to choose from – each with its own benefits and drawbacks. Your decision will have important ramifications not only in the case of divorce, but also of bankruptcy, death or debt. Choose a competent legal advisor to discuss the various options and their implications with you. Remember – if you don’t sign a pre-nuptial agreement with regard to your chosen matrimonial property system – you will automatically be married in community of property. You cannot select any other option on your wedding day.

Also keep in mind that only a registered marriage officer may legally marry two persons. Magistrates, Commissioners and Special Justice of the Peace all qualify as marriage officers. Ministers of religions are marriage officers only if so designated by the Minister of Home Affairs. The South African Marriage Act states that a wedding ceremony must take place in a building and that at least two witnesses must be present along with the persons getting married. If you’re getting married outside, it is therefore best to complete or repeat the legal part of your wedding ceremony between four walls. Before getting married you will need ID documents or a valid passport and, if previously divorced, you will also need the divorce order. If widowed you will need the death certificate of your late spouse.

After your wedding your marriage officer will give you the original abridged marriage certificate and will register your marriage with the Department of Home Affairs. If either or both parties are not South African citizens, you may require an unabridged marriage certificate – which can be obtained from the Department of Home Affairs.

If you are looking for a South African lawyer to handle your wedding contract, or a minister or Officiants to take care of the ceremony in South Africa, please browse through our selection of service providers. Click to read more about services and prices or to find directions, GPS coordinates and a map.