Are you planning to tie the knot in one of the beautiful and diverse African countries? If so, you might want to know the Essential documents for getting married in African destinations.

Marriage laws in Africa vary from country to country, and sometimes even within the same country. In this article, we will discuss some of the main aspects of the marriage laws in Africa, such as the minimum age of marriage, the consent of the parties, the role of the marriage officer, and the registration of the marriage.

Minimum age of marriage

One of the most important aspects of the marriage laws in Africa is the minimum age of marriage. That is the legal age at which a person can enter into a valid marriage contract.

Marrying below the minimum age of marriage can have serious legal implications and consequences, such as the invalidity of the marriage, the denial of the rights and benefits of marriage, and the exposure to criminal charges and penalties. The minimum age of marriage in Africa varies from country to country, and sometimes even between boys and girls. For example, in Algeria, Egypt, and Sudan, the minimum age of marriage for boys is 18, while for girls it is 16.

On the other hand, in Botswana, Ghana, and Kenya, the minimum age of marriage for both sexes is 18. However, some countries have no minimum age of marriage or allow exceptions for customary or religious laws, such as Ethiopia and Somalia. Therefore, it is advisable to check the minimum age of marriage in the country where you intend to get married and ensure that you and your partner meet the legal criteria.

Some of The Essential Documents for Getting Married in African Destinations

• Birth certificate
• Passport
• National identity card
• Driver’s license
• Affidavit of age

Consent of the parties

Another crucial aspect of the marriage laws in Africa is the consent of the parties. This is the agreement of the persons who are getting married to enter into the marriage contract. The consent of the parties should be free and informed, meaning that they should not be coerced, deceived, or manipulated into the marriage. Some of the factors that may affect the consent of the parties are parental consent or notification, forced marriage, marital rape, polygamy, and levirate marriage.

Specific Examples

Parental consent or notification is required for minors to marry in some countries, such as Angola, Malawi, and Zambia.

Forced marriage is prohibited and punishable by law in some countries, such as Benin, Lesotho, and South Africa.

Marital rape is recognized as a crime in some countries, such as Benin, Lesotho, and South Africa.

Polygamy is the practice of having more than one spouse at the same time, and levirate marriage is the practice of marrying the widow of a deceased brother. Both practices are allowed in some countries, such as Chad, Mali, and Uganda. Therefore, it is important to ensure that you and your partner have given your consent to the marriage and that your rights and dignity are respected.

Some of the documents that you may need to prove your consent and marital status are:

• Declaration of consent
• Divorce decree or death certificate of previous spouse
• Certificate of no impediment or single status affidavit
• A prenuptial agreement or marriage contract
• Medical certificate or HIV test result

Role of the Marriage Officer and Essential Documents for Getting Married in African Destinations

This is the person authorized to solemnize the marriage and issue the marriage certificate. The marriage officer can be a civil or religious official, depending on the type of marriage that you choose.

Civil marriages are performed by a registrar or a magistrate and are recognized by the state.

Religious marriages are performed by a priest, a pastor, an imam, or a rabbi, and are recognized by the faith community.

Customary marriages are performed by a traditional leader, such as a chief or an elder, and are recognized by the ethnic group.

Some countries recognize all three types of marriages, such as Ghana, Kenya, and Tanzania.

Some countries require the marriage officer to be a citizen or a resident of the country, such as Botswana, Namibia, and Zimbabwe. Others allow foreign marriage officers to officiate the marriage, such as Mauritius, Seychelles, and South Africa. Therefore, it is advisable to find out the qualifications and requirements of the marriage officer in the country where you intend to get married and ensure that you have a valid and legal marriage ceremony.

A  list of documents t you may need to obtain from the marriage officer :

• Marriage license or permit
• Marriage certificate or registration
• Marriage record or book
• Marriage stamp or seal
• Marriage witnesses or sponsors

Registration of the marriage

This is one of the essential documents for getting married in African Destinations.

Registration of the marriage can have many benefits, such as providing proof of the marriage, securing the rights and obligations of the spouses, facilitating the inheritance and succession of property, among others.

Registration of the marriage can also have some challenges, such as

lack of accessibility

Affordability

Awareness of the registration services

 Incompleteness of the registration data,

 Resistance and reluctance of some communities to register their marriages.

Some countries have compulsory registration of all marriages, such as Burkina Faso, Rwanda, and Senegal. However, some have optional or partial registration of marriages, such as in Cameroon, Liberia, and Mozambique. Some countries have no registration or recognition of certain types of marriages, such as Eritrea, Somalia, and Sudan. It is therefore advisable to check the registration procedures and policies in the country where you intend to get married and ensure that you have a registered and recognized marriage.

 Documents that you may need to submit for the registration of the marriage are:

• Application form or notice of marriage
• Identification documents of the spouses
• Consent documents of the spouses
• Marriage documents of the marriage officer
• Fee payment or receipt

Conclusion

Getting married in African destinations can be a  wonderful and memorable experience, but it can also be a complex and challenging process. Therefore, it is important to know the essential documents for getting married in African destinations. We hope that this article has provided you with some useful information and guidance for your marriage plans. However, this article from Janeson Global is not intended to be a substitute for professional legal advice, and we recommend that you consult a lawyer or a marriage counselor before you get married. We wish you all the best and congratulations on your upcoming wedding!

Marriage laws in Africa | UN Women – Africa. https://africa.unwomen.org/en/digital-library/publications/2019/03/marriage-laws-in-africa.