How do you prove you are not legally married in South Africa?
In South Africa, there are few situations in which you need to prove that you are not legally married in the country. This is typically necessary for legal, immigration, or marriage-related purposes. For instance, it is essential when entering into a new marriage, for an overseas wedding, or applying for specific immigration visas.
There are two main documents that can help prove you are not legally married in South Africa: The first is a Certificate of No Impediment, and the second is an Affidavit of Single Status confirming your single status.Understanding the difference between these documents and how they can help you prove that you are not legally married in South Africa can save you time, money, and potential complications.
Whether you’re a resident of South Africa or a South African citizen living overseas who needs notarised documentation, this comprehensive guide covers everything you need to know about obtaining proof that you are not legally married in South Africa.
Single Status Documents in South Africa
There are two main documents you can provide that will show prove that you are not legally married in South Africa
1 – Certificate of No Impediment (CNI)
A Certificate of No Impediment (CNI) is an official government document issued by the Department of Home Affairs (DHA). It states that an individual is not married and is therefore legally free to remarry in the event of divorce or the death of a spouse. It confirms that there are no legal restrictions, requirements or existing marriages that would prevent the individual from entering into a new marriage. The Certificate of No Impediment (CNI) is valid for six months. This timeline is crucial for international marriage planning, as many foreign countries require recently issued documentation. If your certificate expires before use, you’ll need to apply for a new document to prove that you are not legally married in South Africa.
Different countries may refer to this certificate by different names, such as:
- Certificate of No Impediment (CNI)
- Certificate of Freedom to Marry
- Certificate of Legal Capacity to Contract Marriage
No matter the terminology, the aim is the same, i.e. to establish that you are free to marry in accordance with the laws of South Africa.
How to get a Certificate of No Impediment (CNI)
To apply for a Certificate of No Impediment in South Africa, you must apply in person a completed DHA-1155 form, a certified copy of your ID/Passport, and a fee (approx. R50) to a Department of Home Affairs (DHA) office. If you are abroad, you can apply through your nearest South African embassy, consulate or high commission. The process can take 3–6 months or longer.
2 – Affidavit of Single Status
A single status affidavit is a sworn written statement signed before a notary public that confirms your current marital status is unmarried. It is an official declaration, made under oath, that you are not currently married and have no legal spouse. Single status affidavits are commonly used when a Certificate of No Impediment (CNI) is not suitable or possible. They normally meet the legal requirements when witnessed by a notary and legalised with an apostille.
How to get a Single Status Affidavit
A single status affidavit is, in simple terms, is a statement that you make with Notary Public. You sign a legal document stating you are single, not married, and if previously married, they marriage is now dissolved. The single status affidavit is valid for six months. This timeline is crucial for international marriage planning, as many foreign countries require recently issued documentation. If your single status affidavit expires before use, you’ll need to apply for a new document to prove that you are not legally married in South Africa.
- Prepare a single status affidavit. There are many free templates available online, or you can contact a notary to draft one for you.
- Contract a local notary and arrange an appointment to sign the document in their presence.
- Get it witnessed and signed by a notary public.
- Arrange for apostille legalisation so that it is recognised internationally.
Certificate of Non-Impediment vs Single Status Affidavit
Which of these two documents you need depends on your residency status in South Africa. It also depends on the specific requirements of the authority to which you will submit the document. South African citizens can obtain an official Certificate of Non-Impediment directly from the Department of Home Affairs. If you do not hold a South African passport, however, your only option is to use notarised affidavits. There are also a few occasions where we have seen South Africans use single status affidavits.
The official Certificate of Non-Impediment carries greater legal weight because it is issued by a government authority after official records have been reviewed. It is the Department of Home Affairs’ official certification that there is no information in their files that would prevent the applicant from entering into a new marriage.
By contrast, a Single Status Affidavit relies on the individual’s sworn statement rather than government record verification. While it is equally valid for most international purposes, some foreign authorities prefer the official certification that comes with government-issued documents.
Important Notes
- Not all foreign governments recognise a Single Status Affidavit. Whether or not you are required to provide one will depend on the local rules of the country that is requesting proof of your marital status. In some cases, you may be asked to provide both a CNI and a Single Status Affidavit to prove that you are not legally married in South Africa.
- Avoid leaving it until the last minute to apply for the certificate or affidavits to ensure a hassle-free wedding on the planned date.
- Certified translation is required if the intended country of use has an official language other than English.
- Several certified copies should be kept to hand in case they are needed for visas, marriage registration, immigration applications, etc.
Single Status Documents in South Africa with Confidence
Do you need to prove that you are not legally married in South Africa? Do you need to obtain a letter of non-impediment and an apostille? Global Apostille can help you obtain a Certificate of No Impediment or an Affidavit of Single Status quickly. Our team will ensure that your documents are correctly prepared and apostilled for use abroad. We are the fastest service in Johannesburg, Pretoria, Durban and Cape Town.
We also offer urgent translation services from English into Spanish, German, French and Portuguese. Avoid costly delays or rejections by letting us handle the paperwork for you.
For more information on our services, please feel free to contact us. Tel: 012 348 3134| Mobile: 081 347 6060 | Email: info@apostillelegalisation.co.za
