The Affidavit of Parental Consent to Marriage is a crucial legal document required in South Africa when a minor wishes to enter into marriage. This sworn statement must be completed by a parent or legal guardian and is mandated by the Marriage Act 25 of 1961. The document is used to protect the interests of minors by ensuring proper consent is obtained and documented before marriage. It must include detailed information about the consenting parent/guardian, the minor, and the intended spouse, along with explicit consent declarations and supporting documentation. The affidavit must be sworn before a Commissioner of Oaths and is required by marriage officers and the Department of Home Affairs as part of the marriage registration process. Without this document, a marriage involving a minor cannot legally proceed in South Africa.
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1. Deponent Details: Full names, ID number, and address of the parent/guardian making the affidavit
2. Capacity Declaration: Statement of the deponent's legal capacity as parent/guardian of the minor
3. Minor's Details: Full names, date of birth, and ID number of the minor intending to marry
4. Intended Spouse Details: Full names, ID number, and age of the person the minor intends to marry
5. Consent Declaration: Explicit statement of consent for the minor to enter into marriage with the specified person
6. Verification of Understanding: Declaration that the deponent understands the legal implications of giving consent
7. Truth Declaration: Standard affidavit declaration that the contents are true and correct
8. Signature Section: Space for signature, commissioner of oaths details, and official stamp
1. Sole Guardian Declaration: Required when the consenting parent is the sole guardian, explaining the circumstances (death of other parent, court order, etc.)
2. Customary Law Considerations: Required when the marriage involves traditional or customary law elements
3. Other Parent's Status: Statement regarding the other parent's status if they are unable to consent (deceased, legally incompetent, etc.)
4. Religious Requirements: Additional declarations required for religious marriages
5. Court Order Reference: Required when consent authority is derived from a court order
1. Annexure A: Certified copy of deponent's ID document
2. Annexure B: Certified copy of minor's birth certificate
3. Annexure C: Certified copy of minor's ID document
4. Annexure D: Death certificate of other parent (if applicable)
5. Annexure E: Court orders relating to guardianship (if applicable)
6. Annexure F: Proof of relationship to minor (if guardian rather than parent)
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