South Africa
Marriage Act, 1961
Act 25 of 1961
- Published in Government Gazette 6670 on 21 April 1961
- Assented to on 19 April 1961
- Commenced on 1 January 1962 by Marriage Act, 1961: Commencement
- [This is the version of this document as it was from 28 February 1964 to 26 March 1968.]
- [Amended by Marriage Amendment Act, 1964 (Act 11 of 1964) on 28 February 1964]
1. Definitions
In this Act, unless the context otherwise indicates—"magistrate" includes an additional and an assistant magistrate; (ii)"marriage officer" means any person who is a marriage officer by virtue of the provisions of this Act; (i)"Minister" means the Minister of the Interior; (iii)"native commissioner" includes an additional and an assistant native commissioner; (iv)"prescribed" means prescribed by this Act or by regulation made under this Act; (v)"prior law" means any law repealed by this Act. (vi)2. Ex officio marriage officers, and designation of persons in service of State as marriage officers
3. Designation of ministers of religion and other persons attached to churches as marriage officers
4. How designation as marriage officer to be made
Every designation of a person as a marriage officer shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.5. Marriage officers under laws repeated by this Act
6. Certain persons may in certain circumstances be deemed to have been marriage officers
7. Effect of designation of certain ministers of religion as marriage officers
Any minister of religion who before or after the commencement of this Act was or is designated as a marriage officer while a minister of the "Nederduitse Gereformeerde Kerk in Suid-Afrika, Kaap", or of the "Nederduitse Gereformeerde Kerk van Natal", or of the "Nederduitse Gereformeerde Kerk in die Oranje-Vrystaat", or of the former "Nederduitse Hervormde of Gereformeerde Kerk van Suid-Afrika, Transvaal", or of the "Nederduitse Gereformeerde Kerk van Transvaal", shall as from the date of such designation but subject to the provisions of this Act be deemed to have been or to be a marriage officer while he remained or remains a minister of any of the said churches.8. Change of name of religious denomination or organization and amalgamation of religious denominations or organizations
9. Revocation of designation as, or authority of, marriage officer and limitation of authority of marriage officer
10. Solemnization of marriages in country outside the Union
11. Unauthorized solemnization of marriage ceremonies forbidden
12. Publication of banns or notice of intention to marry or issue of special marriage licence before marriage
No marriage officer shall solemnize any marriage unless in respect thereof and in terms of the provisions of this Act or any prior law—13. Application for publication and acceptance of banns
14. How publication of banns of marriage to be made
15. Certificate of publication of banns
16. Banns published outside the Union
17. Notice of intention to marry
18. Certificate of publication of notice of intention to marry
19. Special marriage licence
20. By which marriage officer marriage may be solemnized
If in terms of this Act or a prior law banns of marriage or notice of intention to marry has been published or a special marriage licence has been issued, any marriage officer having the necessary authority may solemnize the marriage in question provided, if he did not make every such publication or issue such licence, he is satisfied that the necessary publication of banns or notice of intention to marry was made or, as the case may be, there is produced to him such licence.21. Period of validity of banns, notice of intention to marry and special marriage licence
22. Irregularities in publication of banns or notice of intention to marry or in the issue of special marriage licence
If in the case of any marriage solemnized before or after the commencement of this Act the provisions of this Act or, as the case may be, any prior law relating to the publication of banns or notice of intention to marry or to the issue of special marriage licences, or the applicable provisions of any law of a country outside the Union relating to the publication of banns, have not been strictly complied with owing to—23. Objections to marriage
24. Marriage of minors
25. When consent of parents or guardian of minor cannot be obtained
26. Prohibition of marriage of persons under certain ages
27. Proof of age of parties to proposed marriage
If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer reasonably suspects that either of them is of an age which debars him or her from contracting a valid marriage without the consent or permission of some other person, he may refuse to solemnize a marriage between them unless he is furnished with such consent or permission in writing or with satisfactory proof showing that the party in question is entitled to contract a marriage without such consent or permission.28. Marriage between person and relatives of his or her deceased or divorced spouse
Any legal provision to the contrary notwithstanding it shall be lawful for—29. Time and place for and presence of parties and witnesses at solemnization of marriage
30. Marriage formula
In solemnizing any marriage the marriage officer, if he is a minister of religion or a person holding a responsible position in a religious denomination or organization, may follow the rites usually observed by his religious denomination or organization, but if he is any other marriage officer he shall put the following questions to each of the parties separately, each of whom shall reply thereto in the affirmative:"Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed marriage with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful wife (or husband)?",and thereupon the parties shall give each other the right hand and the said marriage officer shall declare the marriage solemnized in the following words:"I declare that A.B. and C.D. here present have been lawfully married."31. Certain marriage officers may refuse to solemnize certain marriages
Nothing in this Act contained shall be construed so as to compel a marriage officer who is a minister of religion or a person holding a responsible position in a religious denomination or organization to solemnize a marriage which would not conform to the rites, formularies, tenets, doctrines or discipline of his religious denomination or organization.32. Fees payable to marriage officers
33. Blessing of a marriage
After a marriage has been solemnized by a marriage officer, a minister of religion or a person holding a responsible position in a religious denomination or organization may bless such marriage according to the rites of his religious denomination or organization.34. Religions rules and regulations
Nothing in this Act contained shall prevent—35. Penalties for solemnizing marriage contrary to the provisions of this Act
Any marriage officer who knowingly solemnizes a marriage in contravention of the provisions of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or, in default of payment, to imprisonment for a period not exceeding six months.36. Penalties for false representations or statements
Any person who makes for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.37. Offences committed outside the Union
If any person contravenes any provision of this Act in any country outside the Union the Minister of Justice shall determine which court in the Union shall try such person for the offence committed thereby, and such court shall thereupon be competent so to try such person and for all purposes incidental to or consequential on the trial of such person, the offence shall be deemed to have been committed within the area of jurisdiction of such court.38. Regulations
39. Repeal of laws and savings
40. Short title and commencement
This Act shall be called the Marriage Act, 1961, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.History of this document
01 October 1992 amendment not yet applied
Amended by
Births and Deaths Registration Act, 1992
28 June 1991 amendment not yet applied
Amended by
Population Registration Act Repeal Act, 1991
13 July 1990 amendment not yet applied
01 February 1987 amendment not yet applied
Amended by
Child Care Act, 1983
23 April 1986 amendment not yet applied
01 November 1984 amendment not yet applied
Amended by
Matrimonial Property Act, 1984
08 January 1982 amendment not yet applied
Amended by
Marriage Amendment Act, 1981
04 April 1973 amendment not yet applied
Amended by
Marriage Amendment Act, 1973
12 April 1972 amendment not yet applied
Amended by
Marriage Amendment Act, 1972
01 February 1972 amendment not yet applied
Amended by
Marriage Amendment Act, 1970
27 March 1968 amendment not yet applied
Amended by
Marriage Amendment Act, 1968
28 February 1964 this version
Amended by
Marriage Amendment Act, 1964
01 January 1962
Commenced by
Marriage Act, 1961: Commencement
21 April 1961
19 April 1961
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Marriage Act Regulations, 1986 | Government Notice R2207 of 1986 |
Marriage Act: Regulations: Amendment | Government Notice R1577 of 1993 |
Marriage Act: Regulations: Amendment | Government Notice R462 of 1996 |
Marriage Act: Regulations: Amendment | Government Notice R488 of 1998 |
Marriage Act: Regulations: Amendment | Government Notice R249 of 2000 |
Marriage Act: Regulations: Amendment | Government Notice R477 of 2003 |
Marriage Act: Regulations: Amendment | Government Notice R431 of 2004 |
Marriage Act: Regulations: Amendment | Government Notice R320 of 2005 |
Marriage Act: Regulations: Amendment | Government Notice R2 of 2009 |
Marriage Act: Regulations: Amendment | Government Notice R344 of 2009 |
Documents citing this one 109
Gazette 59
Judgment 41
Legislation 9
1. | Births and Deaths Registration Act, 1992 | 1159 citations |
2. | Matrimonial Property Act, 1984 | 1131 citations |
3. | Immigration Act, 2002 | 287 citations |
4. | Recognition of Customary Marriages Act, 1998 | 163 citations |
5. | Refugees Act, 1998 | 155 citations |
6. | South African Citizenship Act, 1995 | 112 citations |
7. | Civil Union Act, 2006 | 50 citations |
8. | Legal Aid of South Africa Regulations, 2017 | |
9. | Rules of the National Assembly |