How to Register a Foreign Marriage in South Africa: A Step-by-Step Guide for South Africans Married Abroad

Destination weddings

If you intend to have a destination wedding or if the husband is not a South African, you can and should enter into an antenuptial contract regulating the consequences of your marriage. Otherwise, you may be married in community of property. See this article.

Registering a foreign marriage in South Africa

Have you recently tied the knot overseas and are now wondering how to have your marriage recognised in South Africa?

This is a common question among South African citizens who marry abroad—whether in China, Europe, or elsewhere. If your marriage was legally valid in the foreign country where it was concluded, it can be recognised under South African law. However, there is an important administrative process that must be followed with the Department of Home Affairs (DHA) to ensure your marital status is officially updated in the South African Population Register.

In this blog, we look at the legal position and outline the steps you need to take to register a foreign marriage in South Africa, using the example of a South African man who got married in China.

Does South Africa Recognise Foreign Marriages?

Yes. South Africa recognises foreign marriages under the Marriage Act, 25 of 1961, provided that the marriage was:

• Lawfully concluded in terms of the laws of the foreign country, and
• Between two people who had the legal capacity to marry each other at the time.

This means that the marriage must be valid in the country where it took place (in this case, China), and not violate South African public policy (e.g. polygamous marriages may not be recognised under the Marriage Act but could be under other frameworks).

Why Register the Marriage in South Africa?

Although the marriage is valid under South African law if lawfully concluded abroad, it must still be registered with the DHA for the following reasons: –

• To update the South African spouse’s marital status from “single” to “married” on the national Population Register.
• To allow the spouse to change their surname, if desired.
• To facilitate future administrative processes, such as applying for visas, pensions, or legal documentation involving the spouse.

Step-by-Step Guide: How to Register a Foreign Marriage in South Africa

Step 1: Gather the Required Documents

The South African spouse must submit a written request to the Department of Home Affairs that includes the following:

• Full name
• ID or passport number
• Residential address
• Mobile number
• Email address
• A certified copy of their South African ID or passport
• The original or a certified copy of the foreign marriage certificate (in this example, a Chinese marriage certificate). If the certificate is not in English, a sworn translation by an accredited translator must be included.

Step 2: Submit to the Department of Home Affairs

Take the above documents to your nearest Home Affairs office in South Africa. Alternatively, if you are still abroad, you can submit the documentation via the nearest South African embassy or consulate.

Home Affairs will verify the marriage certificate to confirm its authenticity and update the marital status on the Population Register.

The DHA does not issue a new marriage certificate, but it will reflect the marriage on its internal systems. A confirmation letter may be issued upon request to confirm the update.

What About Surname Changes?

South African law allows either spouse to retain their own surname or adopt their partner’s surname after marriage. Women may use their maiden surname, married surname, a double-barrel surname, or any previous legal surname without formally applying for a name change. However, to update official documents such as a passport or ID, they must apply for new ones reflecting the chosen surname.

In contrast, men who wish to change their surname after marriage must formally apply for a change of surname through the Department of Home Affairs.

Final Thoughts

Registering a foreign marriage is an essential but often overlooked step for South Africans who marry abroad. Whether for personal, legal, or administrative reasons, ensuring your marital status is correctly updated in South Africa can prevent future complications.

If you need assistance with the registration process, or if you’re unsure whether your marriage qualifies for recognition, feel free to reach out to us for guidance.

Need help navigating Home Affairs or registering your foreign marriage? Contact us today — we’re here to assist.