In South Africa, couples have more than one option to get legally married: they might have a religious ceremony or go through the Department of Home Affairs or with a private marriage officer. While all options are legally valid, the choice can affect how your wedding feels, how much time it takes, and where it can happen.
Why a legal-only wedding ceremony?
In the old days, couples who didn’t have a religious wedding were married in a magistrate’s court. Today, all marriage-related processes are handled by the Department of Home Affairs, and a couple may choose to visit Home Affairs to get legally married.
But there is also a second option: A private marriage officer. Anyone who is legally allowed to marry couples is registered with Home Affairs and can conduct a legal marriage. This includes some religious officiants, as well as non-religious Marriage Officers.
A legal-only ceremony ensures that all requirements of the law are met, without affecting the style or timing of your main celebration. There are several reasons you may need a separate legal ceremony:
- Destination wedding or elopement: You want your South African marriage legally recognised before celebrating abroad.
- Non-religious: You want a personal, non-traditional wedding, but still need a legal process.
- Family or friend-led ceremony: Someone close to you is conducting the main celebration but cannot legally marry you.
- Intimate, small ceremonies: You want a short, meaningful gathering for legal purposes without a large wedding.
Private legal wedding ceremony
A small, private legal-only wedding can be conducted by a Marriage Officer. These officers are usually members of organisations such as the South African Secular Society, which nominates them to Home Affairs. They have passed an exam on the Civil Union Act, administered at a Home Affairs office, and are designated to operate under the branch that approves them.
How it works:
- Preparation: The officer discusses whether you want a legal-only ceremony or a full ceremony with vows, readings, and rituals. She collects all the necessary information from you and your witnesses in advance and completes the forms.
- Legal requirements: Your Marriage officer will confirm whether you’ll be married in or out of Community of Property, and guide you on Ante-Nuptial contracts if needed. During this step, you will also check that any previous divorce is correctly registered at Home Affairs. This is necessary to avoid any delays further down the line when registering your marriage.
- The day of the wedding: The officer arrives at your chosen venue. This can be your home, a nice garden, a restaurant or even the venue of your main ceremony. You may add personalised touches such as candles, flowers and refreshments. The marriage officer may also offer to host you at her office.
She opens the ceremony with a few words to highlight the significance of the day. She will emphasise the love and commitment that the couple will be promising to each other, before all present.
Your Marriage Officer then asks the required Civil Union Act questions and guides everyone through signing the forms and the Marriage Register, ensuring all legal requirements are completed, while keeping the ceremony personal and reflective of your relationship. She gives you a Marriage Certificate, which is a legal document.
After the ceremony:
The officer submits all paperwork to Home Affairs to update the population roll. You can later update ID documents and passports.
Note: This process only applies if both partners are South African. If one partner is a citizen of another country, the process has additional steps.
Benefits of a private marriage officer
- Officially authorised and regulated by DHA, giving legal certainty.
- Flexible timing and venue: weddings can take place anywhere, including private homes or restaurants.
- Personalised, meaningful ceremony: the celebration reflects your story, values, and style.
- Small, intimate gatherings: perfect for couples who prefer a personal ceremony.
- Paperwork handled in advance: avoids delays or long waits on the day.
Limitations of a private ceremony
- Fees apply, which will be higher than a free Home Affairs wedding.
- Availability depends on the Marriage Officer’s schedule.
Department of Home Affairs Wedding
A Home Affairs wedding is legally binding and free, but the process is standardised and less flexible.
How it works:
- Booking: Both partners visit a Home Affairs office together to schedule an appointment, bringing ID documents. Appointments may be weeks away, depending on availability at the branch.
- The ceremony: On the day, you and your witnesses arrive at least 30 minutes early. The officer conducts the legal ceremony, takes fingerprints and signatures, and may allow ring exchanges. Decorations and personal touches are minimal.
- Documentation: The Marriage Register is signed by all parties. You receive a handwritten marriage certificate.
- Follow-up: Once your status has been changed on the population register, you have to go back to Home Affairs to apply for your new identity documents and passports.
Note: This process only applies if both partners are South African. If one partner is a citizen of another country, the process has additional steps.
Benefits of a Home Affairs wedding
- No cost.
- Couples can choose a branch convenient to you.
Limitations of a Home Affairs ceremony
- Limited flexibility in timing and venue.
- Brief, impersonal ceremony focused on legal formalities.
- No opportunity for personalisation or storytelling.
- Multiple visits to Home Affairs are required to complete all steps.
Choosing the right wedding ceremony for you
Home Affairs offers a low-cost, standardised solution, but the experience is often impersonal and time-consuming.
A private marriage officer may charge a fee, but we can provide a small, intimate, personalised ceremony while handling all legal paperwork efficiently. Officially authorised and regulated by Home Affairs, we ensure legal compliance while making your wedding meaningful, reflective of your relationship, and celebrated in a location that matters to you.
Contact Wordways Ceremonies to discuss a personal, legal marriage ceremony.
Frequently Asked Questions
My friend or family member is running my wedding ceremony. How do I get legally married?
If someone close to you is officiating your main celebration, they cannot legally marry you unless they are a designated Marriage Officer. To make your marriage official, you will still need a separate legal ceremony conducted by a private marriage officer or through Home Affairs.
I’m having a destination wedding. Do I still need a legal ceremony in South Africa?
Yes. If you plan to marry overseas, your South African marriage must be legally recognised. A private marriage officer can conduct the legal-only ceremony in South Africa, allowing your destination wedding to focus purely on the celebration while ensuring your marriage is officially registered at Home Affairs.
Can same-sex couples get legally married in South Africa?
Yes. South Africa allows same-sex marriages under the Civil Union Act. Both Home Affairs and private marriage officers can legally marry same-sex couples. However, some same-sex couples prefer a private marriage officer to ensure a welcoming, celebratory atmosphere, rather than risking a brief or impersonal experience at a Home Affairs office. Private officers offer flexibility and personalisation to make the ceremony truly meaningful.
More questions
Can a private marriage officer marry me anywhere?
Yes. Unlike Home Affairs, a private marriage officer can conduct the legal ceremony at a venue of your choice: your home, a garden, a restaurant, or even at the venue of your main celebration. This offers flexibility and personalisation.
Do I need witnesses for a legal-only ceremony?
Yes. Both private and Home Affairs weddings require two witnesses over the age of 18. Your marriage officer or Home Affairs branch will guide you on who can attend and what paperwork they need to bring.
How much does a legal wedding cost in South Africa?
A Home Affairs wedding is free of charge. Private marriage officers usually charge a fee, which varies depending on the officer and the level of personalisation and flexibility you choose.
Can I get married on the same day at Home Affairs?
No. Home Affairs weddings require a minimum of two visits to the branch. The first visit is to make the appointment. Both partners need to be present for this step. Then, you will be given a date for your next visit, which will be when you are actually legally married. Private marriage officers, however, may offer more flexibility in scheduling your ceremony.
Featured image: Photography by @jagisoffline