Getting married in court

24 September 2018 | Business

Leandrea Louw

If getting married in church isn’t your thing, here is your go to guide on getting married at the magistrate’s court.

There are no fees involved when getting married in court. They do require that an appointment be made at least a month before you wish to get married. The Walvis Bay magistrate’s court is fully booked until November.

Court weddings only take place on Fridays, and while making the appointment you need to fill in a form. On the form you should indicate if you’ve been married before. If you were married before you need to bring your divorce documents or death certificate along.

If a Namibian wishes to marry a foreigner, a certificate of fitness is required from the foreigner’s country of birth. This basically states that he or she is fit to marry, and isn’t currently married.

There are two types of marriages: In community of property and out of community of property.

In community of property basically entails that all assets and liabilities of the couple, even those acquired before marriage are merged into a joint estate, where each spouse has an undivided half-share.

Out of community of property is where the couple signs an ante nuptial agreement. This contract sets out the rules and conditions in respect of the division of assets, and which will apply during the marriage.

There are no extra contracts or forms required if you wish to get married in community of property. However, if you wish to get married out of community of property, you need to draw up an ante nuptial agreement with the assistance of a lawyer, and then bring the contract with when you make your marriage appointment.

If you are under 21 and wish to get married, your parents or legal guardian need to give consent and sign relevant forms.

When making your appointment all you need are both your and your partner’s identification documents. You also require two witnesses who are older than 21 to sign after your marriage ceremony.

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