Written by Roy Bregman, an admitted attorney with over 51 years of experience in Family Law.

A client asked: I would like to enquire about information to register my marriage that took place abroad. I am in South Africa and would like to register and take on my spouse’s surname.

Key Takeaways

• Your Marriage is Already Recognized: South African law automatically acknowledges legal marriages from other countries. The process is simply an administrative update of your records at the Department of Home Affairs (DHA), not a new registration.
• Essential Documents: You will need an apostilled (or legalized) marriage certificate from the country of marriage, certified copies of both spouses’ IDs or passports, and an official English translation if necessary.
• In-Person Submission is Required: You must submit your documents in person at a DHA office in South Africa or a South African embassy/consulate if you are abroad. There is no fee for this service.
• Surname Change is Simple: A woman can assume her spouse’s surname or create a double-barrelled surname as part of this process without a separate, formal name-change application.
• Understand Your Marital Regime: Be aware of the default marital property laws (e.g., in or out of community of property) of the country where you married, as this will affect your assets in South Africa.

How to Register Your Foreign Marriage in South Africa: A Plain English Guide

If you are a South African citizen who got married outside of the country, you might be wondering how to get your marriage officially recognized back home. The process can seem daunting, but it’s more straightforward than you might think. This guide breaks down the legal principles and practical steps in simple, easy-to-understand language.

The key thing to understand is that South Africa automatically recognizes marriages that were legally concluded in other countries. You don’t need to get married all over again. The process is not about “registering” a new marriage but rather about updating your official records with the Department of Home Affairs (DHA) to reflect your new marital status and, if you choose, your new surname.

The Legal Side Made Simple

South African law is designed to make this process an administrative one, not a complex legal battle.

Your Right to Update Your Status

The Births and Deaths Registration Act is the primary law governing this process. It includes marriages from foreign countries under its definition of “marriage.” This means that as a South African citizen, the law provides a clear pathway for you to have your foreign marriage reflected in the National Population Register. The DHA will not issue a new South African marriage certificate, but they will officially update your status from “single” to “married.”

Changing Your Surname

The same Act makes it easy for a woman to take her husband’s surname after marriage. Section 26 of the Act creates a specific exception that allows a woman to assume her spouse’s surname without needing to go through a formal and lengthy name-change application. You can simply indicate your preference when you submit your documents to the DHA. This also applies if you wish to create a double-barrelled surname.

Your Step-by-Step Guide to Updating Your Marital Status

Follow these administrative steps to ensure your records are updated smoothly.

Step 1: Gather the Essential Documents

Preparation is key to avoiding delays. Before approaching the DHA, make sure you have the following documents ready:

• Your Original Marriage Certificate: This must be an apostilled (or legalized) version from the country where you were married. An apostille is a special certificate that authenticates the document for use in other countries.
• Official Translation: If your marriage certificate is not in English, you must get it translated by a certified translator.
• Identification for Both Spouses: You will need certified copies of your passports and/or South African ID books.
• Application Form or Letter: You can either fill out the official DHA form (CMO2) or write a formal letter requesting the update of your marital status and surname. This letter should clearly state your intentions.

Step 2: Submit Your Application

Once your documents are in order, you need to submit them. The DHA requires you to do this in person.

• If you are in South Africa: Visit any local Department of Home Affairs office.
• If you are abroad: You can submit your application at the nearest South African embassy or consulate.

While you must attend personally to submit the documents, you can hire a legal representative, like an attorney, to help you prepare the application and ensure everything is correct.

Step 3: What Happens Next?

There is no fee for updating your marital status. Once the DHA accepts and processes your application, your details in the National Population Register will be changed.

After you receive confirmation that your status has been updated, you can then apply for a new ID book and/or passport that reflects your new surname and marital status.

Key Considerations Before You Apply

Beyond the paperwork, there are a few important points to consider that could have significant legal and financial implications.

Antenuptial Contracts and Your Assets

• Do you have a prenup? If you signed an antenuptial contract (ANC) before your marriage, it governs how your assets are divided.
• What if you don’t have one? If you did not sign an ANC, your marriage will be subject to the default marital regime of the country where you got married. This could mean you are married “in community of property,” where all assets and debts are shared. It is crucial to understand these rules, especially if you or your spouse have assets in South Africa. If you are unsure, seeking legal advice is highly recommended to see if your foreign contract needs to be registered or recognized in South Africa.

Conclusion: A Straightforward Path to Recognition

Registering your foreign marriage in South Africa is an essential administrative task that formalizes your legal status in the country. By understanding the process and carefully preparing your documents, you can efficiently update your records, change your surname, and ensure your new life chapter is officially recognized. While the process itself is free and doesn’t require a court’s involvement, the implications regarding your assets and marital regime are significant. If your situation involves complex property arrangements or you are unclear about the laws of the country where you married, consulting with a family law attorney can provide clarity and peace of mind.