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Many South Africans are surprised to discover that, despite being divorced for years, the Department of Home Affairs (DHA) still reflects their marital status as married. This administrative discrepancy can have serious legal consequences, particularly when attempting to remarry.
Legal Position
In law, a divorce order granted by a court legally dissolves the marriage from the date of the order. However, DHA records are the official proof relied upon by third parties, including marriage officers, churches and the State, to confirm marital status.
If DHA still reflects you as married, you are not legally permitted to remarry until the records are corrected, despite the divorce having been finalised years ago.
Legal implications of Remarrying Without Correction
Attempting to marry while DHA still records you as married may result in:
- The refusal to solemnise the marriage by the pastor or marriage officer;
- A marriage that is void or voidable;
- Exposure to allegations of bigamy, which is a criminal offence;
- Serious complications relating to inheritance, marital regimes, and spousal rights.
Why Marriage Officers require DHA Confirmation?
Marriage officers are legally obligated to ensure that both parties have the capacity to marry. They rely on:
- DHA marital status records; and
- Divorce decrees registered with DHA.
Solemnising a marriage without proper verification can expose the officiant to personal and professional liability, which is why proof from DHA is strictly required.
What should you do?
If your DHA status has not been updated:
- Ensure that your divorce decree was submitted to Home Affairs;
- Apply for a rectification of marital status;
- Obtain written confirmation or an updated DHA record before proceeding with marriage arrangements.
Conclusion
A divorce decree alone is not always sufficient in practice. Until DHA reflects your correct status, you may face legal barriers to remarriage. Addressing the administrative correction proactively avoids unnecessary delays, legal risks, and emotional distress.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
