A person’s domicile is the country where they live or intend to live permanently.
Our
robust Constitution has long since recognised same-sex marriages in South
Africa. This encourages foreign same-sex couples to travel here to get married.
Where
same-sex foreigners marry in South Africa, in terms of the Marriage Act or the
Civil Union Act, the marriage is legally valid in almost every country. The law
of the land where the husband lives bind the couple.
However,
the mere conclusion of a civil union by foreigners in South Africa does not
result in a valid marriage.
The
foreign couple should register their marriage with the South African Department
of Home Affairs and apply for an unabridged marriage certificate, which is
stamped ‘Apostille’ by the High Court. The foreign couple uses this to register
the marriage in the husband’s country of domicile. Only then will marriage be
valid. Some countries – like the United Kingdom and Ireland – recognise South
African marriages without an apostille.
