For many couples, the excitement of tying the knot begins long before the wedding day. There is a date to choose, a venue to book, families to inform and friends to tell.
But for those planning a civil or Christian marriage, there is another important step of formally announcing their intention to marry.
It may sound like a routine administrative requirement, but the notice serves an important purpose as it creates an opportunity for anyone who knows of a legal impediment to raise the issue before the marriage takes place.
The requirement is contained in the Marriage Act, 2014, which provides different procedures for different forms of marriage.
For couples planning a civil marriage, Section 25 requires a man and woman intending to marry to give written notice to the Registrar and to the person in charge of the place where they intend to celebrate the marriage.
The law is specific about the timing. The notice must be given “not less than 21 days and not more than three months” before the intended marriage.
In practical terms, couples cannot leave this part of their wedding preparations until the last minute.
A couple exchanging wedding rings.
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“If you already have a wedding date in mind, the legal notice should therefore be part of the planning process alongside choosing the venue, inviting guests and making other arrangements,” says lawyer Thomas Maosa.
The notice is not simply a piece of paper stating that two people want to get married. The law requires the couple to provide specific information about themselves.
Section 25 requires the notice to include “the names and ages of the parties to the intended marriage” and the places where they ordinarily reside.
The names of their parents must also be provided where the parents are known and alive, together with their ordinary places of residence.
There is also an important declaration concerning the relationship between the couple. They must declare that “the parties are not within a prohibited relationship” and disclose their marital status.
If either person is divorced, the law requires a copy of the relevant decree. For a widow or widower, the notice must include a copy of the death certificate.
The notice must also state the date and venue of the planned wedding. It cannot simply be completed and submitted by one partner on behalf of both, as the law expressly provides that the notice “shall be signed by both parties.”
Once the Registrar receives the notice, Section 26 of the Marriage Act 2014 requires it to be published in the prescribed manner at the place where the marriage is to be celebrated.
“This is one of the most important aspects of the process. Publication means the intention to marry is not kept entirely between the couple and the authorities,” Mr Maosa says.
Publication creates an opportunity for anyone who knows of a legal impediment to raise the issue before the marriage takes place.
Polygamy is not progressive but a concept that belongs in bygone era.
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Rather than waiting until the wedding day, such a person has a formal avenue through which to raise the concern.
Section 27 provides that a person who knows of an impediment to the intended marriage may give written notice of objection to the Registrar or to the person in charge of the place where the marriage notice has been posted.
But this is not an invitation for anonymous allegations because the e person objecting must identify themselves.
The law states that the notice must include “the name of the person giving the notice of objection” and that person's relationship with either of the intended spouses.
The objector must also state the reason for the objection, meaning that anyone challenging an intended marriage is expected to put their concern formally on record.
The law also recognises that circumstances can change and provides a mechanism for a person who has submitted an objection to withdraw it.
“This gives the process flexibility while maintaining a formal record of both the objection and its withdrawal,” explains Mr Maosa.
The law has a separate section dealing with Christian marriages. It also provides a procedure for objections to a proposed Christian marriage.
A person who knows of an impediment may give written notice of objection to the person in charge of the public place of worship where the notice of the intended marriage has been posted.
Again, the objection must identify the person making it, their relationship with either of the intended spouses and the reason for the objection.
As with the civil marriage process, the person who objected may later withdraw it in writing.
Under Section 20 of the Marriage Act, once an objection is received, the person in charge of the public place of worship is required to “hear the objection forthwith.”
For those planning a civil or Christian marriage, there is another important step of formally announcing their intention to marry.
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If the church minister considers that the objection requires further hearing, the marriage ceremony is to be postponed until the objection is determined in accordance with the church regulations.
The law also sets a time limit for dealing with the objection. The person in charge of the place of worship must determine it within a reasonable period, “which shall not be more than seven days after hearing the objection.”
The process does not end with the decision. After determining the objection, the marriage officer must prepare and submit a report of the determination to the couple and the Registrar within seven days.
A party who is dissatisfied with the decision of the person in charge of the place of worship may appeal to court “within fourteen days of the decision.”
For most couples, the wedding day is about celebration — exchanging vows, bringing families together and beginning a new chapter.
But the law creates a period before that celebration when the intended marriage is formally brought into the open.
“That period matters because it provides an opportunity for any person who knows of a legal impediment to raise it through the prescribed process,” says Mr Maosa.
“It also allows the couple to ensure that their own legal and personal details are properly disclosed before the ceremony.”
For civil marriages, the 21-day minimum period and three-month maximum period are particularly important.
Couples need to plan their notice around the intended wedding date instead of treating it as paperwork that can be handled at the last moment.
For Christian marriages, couples should also understand the role of the church minister and the procedure that follows if an objection is raised.
Several things couples planning to marry should keep in mind:
For a civil marriage, the notice must be given between 21 days and three months before the intended marriage. It must contain the couple's names, ages, ordinary places of residence and, where applicable, details of their parents. The couple must declare that they are not in a prohibited relationship. Their marital status must be disclosed, with the relevant divorce decree or death certificate provided where applicable. Both intended spouses must sign the notice. For a Christian marriage, the law provides for objections to be made to the person in charge of the public place of worship where the notice has been posted. The objector must identify themselves, state their relationship with either intended spouse and give the reason for the objection. The church minister must hear the objection and, where necessary, postpone the ceremony until it is determined. The law requires the objection to be determined within a reasonable period of not more than seven days after the hearing, with a report submitted to the parties and the Registrar. A party dissatisfied with the decision can appeal to court within 14 days.
