Everything you'll need to enter into a Civil Partnership
WHO CAN CONDUCT A CIVIL UNION?
designated marriage officers for specific religious denominations or organisations
designated officers employed by the Department of Home Affairs and the Magistrates’ Courts
At least two competent witnesses must be present at the ceremony.
The Civil Union Act makes a distinction between marriage officers and designated officers employed by the Department of Home Affairs. Marriage Officers who would like to conduct civil unions need to register for this. This means that those marriage officers who object to presiding over a civil union, for whatever reason, simply carry on in terms of the Marriages Act.
There is an anomaly in the Civil Union Act that also allows designated officers of Home Affairs to object to conducting a civil union based on “conscience, religion and belief”.
The effect of this is that, at the moment, non-heterosexual couples may be faced with a frustrating journey at Home Affairs, as there are still many designated officers that continue to object to conducting these unions, as well as marriage officers who refuse to do so as well.
DOCUMENTS REQUIRED TO CONCLUDE A CIVIL UNION
Valid South African identity books for both persons entering into the Civil Union.
A valid passport if one of the partners is a foreign national.
A completed Form DHA-1763 (Declaration for the Purpose of Marriage)
Form DHA-1766 (Civil Union register), which must be completed by the marriage officer.
A completed Form DHA-1764 (Registration of a Civil Union) in which the couple must indicate whether or not they are entering into a Civil Union marriage (heterosexual couples) or a Civil Union partnership (non-heterosexual couples).
A copy of the Divorce Order if one of the partners was previously married, or in a civil union partnership, but subsequently divorced.
If any of the required documentation cannot be produced, one of the partners must submit an affidavit confirming that the documents cannot be made available for the purpose of concluding the Civil Union.
WHAT ARE THE REQUIREMENTS FOR THE SOLEMNISATION AND REGISTRATION OF A VALID CIVIL UNION?
Both persons must be 18 years or older to enter into a Civil Union.
Both persons may not be already married in terms of any other Act.
A person may only be a spouse or partner in one marriage or civil partnership, as the case may be, at any given time.
A person in a civil union may not conclude a marriage under the Marriage Act or the Customary Marriages Act.
A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union.
A prospective civil union partner who has previously been married under the Marriage Act or Customary Marriages Act, or registered as a spouse in a marriage or a partner in a civil partnership under the Civil Union Act, must present a certified copy of the divorce order, or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous marriage or civil union has been terminated. The marriage officer may not proceed with the solemnisation and registration of the civil union unless in possession of the relevant documentation.
A civil union may only be registered by prospective civil union partners who would, apart from the fact that they are in a non-heterosexual relationship, not be prohibited by law from concluding a marriage under the Marriage Act or Customary Marriages Act.