The safe option…a court marriage

Procedures and requirements

A minimum notice period of 30 days is required prior to solemnising the wedding.

Neither party needs to hire a lawyer.

Each party should produce 3 witnesses at the office of the marriage registrar on the date of solemnising (the bride and groom can both produce the same witnesses)

The following documents need to be produced at the office of the registrar: a) Proof of age b) Proof of residence c) 2 passport size photographs (It is advisable to carry originals)

The marriage certificate is typically issued within a week of solemnising the wedding.

Conditions relating to solemnisation of special marriage : -

Neither party has a spouse living;

Neither party is incapable of giving a valid consent owing to unsoundness of mind, or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity or epilepsy.

The male has completed the age of twenty-one years and the female the age of eighteen years.

The parties are not within the degree of prohibited relationship.

Before the marriage is solemnised, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form and the declaration shall be countersigned by the Marriage Officer.

Advantages of registering a marriage under the Special Marriage Act :

The marriage registered under this Act is easier to prove. The mere certificate is proof of marriage. The certificate is accepted by all government and semi government authorities including passport and emigration authorities. Mutual consent divorce can be obtained.