The Affidavit in Support of Marriage is a crucial document in South African matrimonial proceedings, required by the Department of Home Affairs and marriage officers before solemnizing a marriage. This affidavit serves multiple purposes: it confirms the deponent's identity and legal capacity to marry, declares their current marital status, and provides essential information about the intended marriage. It is particularly important in cases involving foreign nationals, where additional immigration requirements must be met, or in situations involving previous marriages that require proof of dissolution. The document must comply with the requirements of both the Marriage Act 25 of 1961 and the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, ensuring all declarations are properly sworn and witnessed.
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1. Deponent Details: Full legal name, ID number, current residential address, and contact details of the person making the affidavit
2. Oath Declaration: Standard declaration that the deponent understands the contents and nature of the affidavit
3. Personal Information: Date and place of birth, citizenship status, current marital status
4. Intended Marriage Details: Information about the intended spouse and planned marriage, including full details of the other party
5. Legal Capacity Declaration: Declaration of legal capacity to marry, including age of majority and mental capacity
6. Truth Declaration: Statement confirming all information provided is true and correct
7. Signature Block: Space for signature, commissioner of oaths details, place and date of commissioning
1. Previous Marriage Declaration: Required if previously married, including details of dissolution through death or divorce
2. Foreign National Declaration: Required for non-South African citizens, including details of immigration status and required permits
3. Parental Consent: Required for parties between 18-21 years where parental consent is necessary
4. Religious Marriage Declaration: Required when the civil marriage will be accompanied by a religious ceremony
5. Property Regime Declaration: Optional section declaring intended matrimonial property regime if already decided
1. Annexure A - Identity Documents: Certified copies of ID documents or passports of both parties
2. Annexure B - Birth Certificates: Certified copies of birth certificates of both parties
3. Annexure C - Death Certificate/Divorce Decree: If applicable, proof of termination of previous marriage
4. Annexure D - Immigration Documents: For foreign nationals, relevant visas or permits
5. Annexure E - Parental Consent Forms: If applicable, signed and witnessed parental consent documents
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Marriage Registry
Civil Status Registration
Immigration Processing
Document Control
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Public Records
Client Services
Relevant Roles
Legal Administrator
Marriage Officer
Commissioner of Oaths
Immigration Officer
Legal Secretary
Court Clerk
Civil Registry Officer
Home Affairs Official
Legal Counsel
Paralegal
Family Law Attorney
Religious Marriage Officer
Embassy Administrative Officer
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