The marriage process in South Africa is governed by the Marriage Act, of 1961. This Act provides for the registration of marriages and the issuing of marriage certificates. The Act also sets out the requirements for a valid marriage, such as the need for a marriage officer to officiate the ceremony.
Interestingly, the Act does not expressly prohibit the marrying of the same person more than once. However, certain conditions must be met for a second marriage to be valid.
The Requirements for Remarrying the Same Person in South Africa
For a second marriage to be legally recognised in South Africa, both parties to the marriage must have been legally divorced or have had their marriage declared invalid by a court of law. The divorce must be recognised by a South African court. To register a second marriage, the parties must provide a valid marriage certificate as well as an antenuptial contract. This contract must be in writing and must be registered by both parties at the office of the registrar of marriages. This will ensure that both parties know their rights and obligations concerning the marriage and all assets associated with it. This contract is especially important if one of the parties to the marriage dies or if the marriage is terminated by divorce.
The Grounds on Which You Can Remarry the Same Person in South Africa
There are a few grounds on which remarriage in South Africa may be legally recognised. If a marriage has been ended due to the death of one of the partners, both parties can get remarried. In addition, if a marriage has been annulled by a court of law, the parties can remarry. Another reason for remarriage could be that one of the partners has converted to a different religion and their previous marriage was deemed invalid by their new religion.
When you choose to remarry a previous partner, you will need a marriage and divorce certificate to make it legal. If you don’t have a copy, you can easily apply through a document agent like Doc Assist and avoid the hassle of working directly with the Department of Home Affairs.
For more information about applying for a marriage or divorce certificate, feel free to get in touch with Doc Assist today.
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