Marrying a foreigner? This is what you must know
Marrying a foreign national is more complicated than marrying another South African.
Photo: Unsplash/Alvin Mahmudov
Amy MacIver speaks with Nicolene Schoeman-Louw of Schoeman Law Incorporated.
Listen below.
If you are marrying a foreign national there are quite a few documents you need, and things you must prove.
Firstly, you need to prove that your partner is not already married in their country of citizenship.
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Schoeman-Louw says you must get a letter of non-impediment from your partner's country of origin, and it can be a very long process.
“Couples are urged to get the ball rolling as soon as possible.”
- Nicolene Schoeman Louw
You also need to prove that this is not a marriage of convenience.
Ante-nuptial contracts are also more complicated as our law only recognises the husband’s domicile.
The ante-nuptial contract is only valid if you intend to reside in South Africa.
“That is probably something we will see challenged in the near future.”
- Nicolene Schoeman-Louw
If you are a South African who wants to live in your partner’s country, Schoeman-Louw says it would be better to register your marriage and ante-nuptial contract abroad.
Scroll up to the audio player to listen to the interview.