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.

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.

What Happens if a Beneficiary Dies Before the Testator, Renounces or Is Disqualified? Understanding Section 2C of South Africa’s Wills Act

 

A client recently asked:

"My father left his estate to his three children (my siblings and me). One of my siblings died before my father. The will simply says, 'I leave my estate to my three children.' Does my late sibling’s share go to me and my surviving sibling, or does it pass to his children (my father’s grandchildren)?"

This question raises an important issue in South African succession law that is answered by Section 2C(2) of the Wills Act 7 of 1953. This section deals with the lapse of a bequest to a descendant of the testator and introduces the principle of per stirpes substitution.

Legal Framework: Section 2C of the Wills Act

2C.    Surviving spouse and descendants of certain persons entitled to benefits in terms of will 

(1)     If a descendant of a testator excluding a minor or a mentally ill descendant, who, together with the surviving spouse of the testator, is entitled to a benefit in terms of a will renounces his right to receive such a benefit, such benefit shall vest in the surviving spouse. 

(2)     If a descendant of the testator, whether as a member of a class or otherwise, would have been entitled to a benefit in terms of the provisions of a will if he had been alive at the time of death of the testator, or had not been disqualified from inheriting, or had not after the testator's death renounced his right to receive such a benefit, the descendants of that descendant shall, subject to the provisions of subsection (1), per stirpes be entitled to the benefit, unless the context of the will otherwise indicates.

What This Means in Simple Terms

Section 2C(2) of the Wills Act deals with what happens when a descendant of the testator (e.g. a child) cannot or does not inherit — for example, because:

• They die before the testator,
• They are disqualified (for example, they killed the testator or forged the will),
• They give up (renounce) their inheritance after the testator’s death,

In such cases, the children of that descendant (the testator’s grandchildren) will inherit per stirpes — that is, they step into their parent’s place and receive what their parent would have received — unless the will indicates a different intention.

This is subject to Section 2C(1), which gives the surviving spouse preference in certain circumstances where someone renounces their inheritance during the testator's lifetime.

Case law

Jaftha v Van der Westhuizen NO and Another 2007 (3) SA 237 (CC)

Although primarily a case about Section 2C(1), the Constitutional Court confirmed the underlying principle of protecting inheritance rights of descendants in the absence of clear contrary intent in the will.

This principle applies equally in Section 2C(2): the law assumes the testator would have wanted their grandchildren to inherit, unless the will says otherwise.

Spies v Smith 1957 (1) SA 539 (A)

In this early case, although predating the enactment of Section 2C, the court dealt with the idea of whether a benefit lapses when a beneficiary dies or is disqualified.

This case established the rule that if a will is silent, the benefit does not simply vanish — it may pass to the next generation, depending on context — a rule later codified in Section 2C(2).

Suggested clauses in a will to include or override Section 2C(2)

To exclude grandchildren, say so clearly:

“If any of my children die before me, their share shall not go to their children. Instead, their share shall be divided equally among my surviving children.”

Or to include them -

“If any of my children die before me, and they leave children of their own who survive me, those children shall inherit, in equal shares, the portion their parent would have received.”

Conclusion

In response to the client's question, if her father's will states simply, “I leave my estate to my three children,” and one of those children (her sibling) dies before the father, the grandchildren (i.e., the deceased sibling's children) will inherit his share equally, unless the will clearly states otherwise. This is the effect of Section 2C(2) of the Wills Act 7 of 1953, as confirmed in the Jaftha case.

This provision ensures that family wealth remains within the bloodline, protecting the rights of children and avoiding unintended lapsing of inheritance. It is essential, both in drafting and interpreting wills, to consider this provision carefully—especially where no express substitution is made.

 

Recognition and Posthumous Registration of Customary Marriages in South Africa

 

A frequent question asked by widows in South Africa is:

“Can I still register my customary marriage if my husband has passed away?”

The answer is yes—South African law allows a surviving spouse to register a valid customary marriage even after one partner has died, as long as the requirements for a customary marriage were fulfilled.

Legal Background

In South Africa, marriages can be recognized under civil, religious, or customary law. Customary marriages (conducted according to African customs) are legally recognized through the Recognition of Customary Marriages Act 120 of 1998 (RCMA).

This law confirms that if all customary requirements are met, the marriage is valid, even if it was never officially registered with Home Affairs. However, registration is still important for asserting inheritance rights, maintenance, and spousal benefits.

Requirements for a Valid Customary Marriage

A customary marriage is valid under Section 3(1) of the RCMA if:

• The marriage was negotiated and celebrated according to customary law.
• Both parties were over 18 years old.
• Both parties consented to the marriage.

Importantly, registration is not required to make the marriage legally valid, but it is necessary for administrative recognition, like obtaining a marriage certificate or enforcing spousal rights.

Posthumous Registration: Is It Allowed?

Yes. Section 4(2) of the RCMA provides that either spouse may apply to the registering officer in the prescribed form for the registration of their customary marriage and must furnish the registering office r with the prescribed information and any additional information which the registering officer may require in order to satisfy himself or herself as to the existence of the marriage.  

However, many surviving spouses—mostly women—face pushback from the Department of Home Affairs or the deceased’s family, who may deny that a valid marriage existed. This often happens in disputes over inheritance, pensions, or funeral arrangements.

What Is Needed for Posthumous Registration?

To register a marriage after one spouse’s death, the surviving spouse should gather evidence showing that a valid customary marriage took place. This may include:

• Proof that lobola (bride price) was paid.
• Evidence of a traditional wedding celebration.
• Witness statements from elders, family members, or community leaders.
• Photos, videos, or written agreements, if available.

Home Affairs may require confirmation from the deceased’s family. If they refuse, the surviving spouse can approach the High Court, which has shown a willingness to order Home Affairs to register the marriage.

Key Case Law

Mabuza v Mbatha 2003 (4) SA 218 (C)

Summary: The court ruled that a customary marriage was valid despite the absence of the ukumekeza ritual, where lobolo was paid, families were involved, and the bride was handed over, emphasising the evolving nature of customary law and the paramountcy of constitutional principles over rigid adherence to traditional rituals, particularly those potentially infringing on dignity and equality

Motsoatsoa v Roro 2011 (2) SA 324 (GSJ)

Summary: The court found that the applicant failed to prove the existence of a valid customary marriage because the handing over of the bride did not occur. The court dismissed the application with costs.

Ngwenyama v Mayelane 2012 (10) BCLR 1071 (SCA)

Summary: The court ruled that the first wife’s consent is not needed for a second customary marriage but emphasised that legal procedures (like court-approved contracts) must be followed in polygynous marriages.

Mayelne v Ngwenyama and Another 2013 (4) SA 415 (CC)

Summary: The Supreme Court of Appeal upheld the validity of a second customary marriage, noting that registration is not necessary, but court approval is required to regulate property rights in polygynous marriages.

Mbungela v Mkabi 2019 (1) SA 41 (SCA)

Summary: The court confirmed the validity of a customary marriage even without a formal celebration, since lobola was paid and there was a bridal transfer.

TPK v Minister of Home Affairs Case No: 052246/2023 (Pretoria High Court)

Summary: The court ordered the Department of Home Affairs to register a marriage posthumously, finding that refusing registration due to the husband’s death was unfair and contrary to the Act’s intent.

Conclusion

South African courts have repeatedly confirmed that customary marriages are legally valid even without registration, provided they comply with traditional customs. The judiciary has adopted a flexible, evolving view of custom and emphasized the importance of gender-sensitive interpretations, especially to protect women who may be disadvantaged by rigid or outdated practices. Polygynous marriages are recognized under the law but must follow specific legal processes to manage property rights fairly.

Despite these legal protections, many widows still face challenges. Families may deny the marriage to block inheritance claims, and Home Affairs officials may refuse registration due to misunderstandings or lack of documentation. This leaves surviving spouses vulnerable, especially when ceremonies were informal or incomplete. Although registration is not essential for validity, it remains crucial for asserting rights to inheritance, pensions, and spousal benefits. In such cases, the courts can and do intervene to ensure justice for those able to prove a valid customary marriage.