Divorce and Family Law

 

 

Yes, you can have your wedding ceremony outdoors. However, the legal solemnisation of the marriage, including the signing of the marriage register by the couple, witnesses, and marriage officer, is required by law to take place in a designated indoor location (a church or religious building, a public office, or a private house with open doors). To comply with this, many couples have their main ceremony outdoors and then move indoors to complete the necessary legal paperwork.

No, you are not required to get married at a Department of Home Affairs (DHA) office. While DHA offices are legal public offices where civil marriages are solemnised by designated marriage officers, you can also be legally married by an authorised marriage officer in a church, other religious building, or a private house. Getting married at a DHA office is a common and often more affordable option for civil ceremonies.   

You need at least two competent witnesses present during the legal marriage ceremony. A competent witness is generally someone who is over the age of 16 and is mentally capable of understanding the nature of the event they are witnessing. They do not need to be South African citizens but must have valid identification (e.g., an ID book or passport).

According to South African law, a legal marriage ceremony must be solemnised by an authorised marriage officer in the presence of at least two witnesses in one of the following locations:

  • A church or any other building used for religious services.   
  • A public office (such as an office of the Department of Home Affairs).   
  • A private house, with the doors open.   
  • In cases of serious illness or injury, a hospital or other concerned facility.   

While you can have your wedding ceremony in a location like a garden, beach, or other venue, the legally binding part, which involves the solemnisation and signing of the marriage register, should ideally take place in one of the aforementioned approved locations to ensure its legal validity without question. Many marriage officers are willing to perform a symbolic ceremony at your chosen venue and then complete the legal formalities in a suitable indoor space nearby.

Only individuals who have been officially appointed and are currently authorised as marriage officers by the Department of Home Affairs can perform legal marriages in South Africa. This includes certain ministers of religion, magistrates, and designated officers at Home Affairs. It is crucial to ensure that the person solemnising your marriage is a registered marriage officer.  

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Marriage Locations

Saying "I Do" Outdoors: Understanding the Legalities of Your Ceremony Location

South Africa offers a breathtaking tapestry of outdoor locations perfect for celebrating your love story. Imagine exchanging vows amidst the rolling vineyards of the Cape, against the dramatic backdrop of a pristine beach, or on a chic urban rooftop as the sun sets. The possibilities for a memorable outdoor wedding ceremony are truly endless.

However, while you have the freedom to choose almost any location for your ceremony, the solemnization of your marriage – the official, legal act of becoming husband and wife – has specific location requirements under South African law.

The Legal Framework: Where Your Marriage Must Be Solemnized

According to the Marriage Act of 1961, the signing of the marriage register or certificate, which constitutes the legal core of your marriage, must take place in one of the following locations:

  • A church
  • Another building used for religious services
  • A public office (i.e., a Government building)
  • A private dwelling house
  • Furthermore, the law stipulates that the doors must be open during the signing, and the event must be witnessed by both individuals getting married and at least two competent witnesses. To be considered competent, witnesses must be over the age of 16, of sound mind, and preferably sober!

Why These Rules?

These regulations, outlined in the Marriage Act of 1961, serve to ensure the legitimacy and public nature of the marriage. This Act, passed by the South African Parliament, is your definitive guide to understanding the legal aspects of marriage in our country.

Planning Your Perfect Day with Legal Peace of Mind

At VDM Attorneys, we understand that you want your wedding day to be both beautiful and legally sound. We can provide expert guidance on navigating the requirements of the Marriage Act, ensuring that your chosen location aligns with all legal obligations. Contact us today to discuss your wedding plans and how we can assist you in ensuring a seamless and legally recognized marriage.