Marriage is a legal contract and unless you specify with a pre-nuptial agreement, it will automatically be a contract of community of property. Which means that all property brought into the marriage by each partner becomes jointly and equally owned.
A prenuptial agreement is drawn up by a notary and signed by both partners in the notary’s presence. Nearly any provision can be put into a prenuptial contract as long as it doesn’t go against the essence of a marriage relationship.
Legally a couple needs to make certain that they are in a state that allows a marriage between them. Requirements are:
Both partners need to be single, divorced, or widowed
Whole blood relatives, half-blood relatives, or someone related in the direct line through marriage (in-laws or step relations) or adoption, are not allowed to marry
The marriage ceremony itself needs to be conducted and registered by a registered marriage officer. You will be required to show this officer proof of your identity and if you are divorced or widowed proof will have to be shown.
Officers authorized to perform marriages are:
Most ministers of religion.
Magistrates
Special justices of the peace
District commissioners and
Authorized employees in the public, diplomatic or consular service.
If you or your partner is under 21 you will have to get written permission from both parents or guardians, unless a single parent has sole custody. Males under 18 and girls under 15 also need permission from the Minister of Home Affairs.
The law now allows a woman to retain her surname if she wishes. Confirm that the marriage officer will conform to your wishes.
