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Nifty Nuptials

Terms and Conditions of Service

Sure, marriage and the process of getting married is fun, BUT it is also a legally binding contract, therefore:

This document contains CRITICALLY important legal information - Please be sure to read the ENTIRE document carefully. We cannot be held responsible for your failure to comply with all legal requirements below.

*VERY IMPORTANT NOTE*

Fiona Bowden is registered under the Civil Union Act. Should you choose to make use of her services, you are hereby informed that you will be married under the Civil Union Act. If you are not familiar with it, in a nutshell, the Civil Union Act, 2006 (Act No. 17 of 2006) allows for a civil union partnership or marriage to be contracted under the act by a same-sex or opposite-sex couple, and they may choose to form it either as a marriage or as a civil partnership. Whichever is chosen, the legal consequences of a civil union are the same as those of a marriage under the Marriage Act. Any reference to marriage in any law is deemed to include a civil union, and any reference to a husband, wife or spouse is deemed to include a spouse or partner in a civil union. Although couples married under this act are afforded all rights provided under the marriage act, note that a same-sex CU may not be recognised in some countries. It is your responsibility to ascertain the laws for any country you may be residing in after your marriage. Persons entering into a Civil Union Marriage MUST be 18 years and over. A complete copy of the Civil Union Act is available on request. Foreign couples marrying in RSA are entitled to a hand-written Unabridged Marriage Certificate upon application, such application can be requested by handing a copy of the stamped BI-130, obtainable from the Marriage Officer, to the nearest Home Affairs Office or the nearest South African Embassy mission or consulate abroad and paying the prescribed fee.

IMPORTANT NOTICE TO ALL SA CITIZENS MARRYING A FOREIGN NATIONAL IN SA :

According to current legislation ALL such couples marrying in South Africa MUST undergo an interview with an Immigration Officer in South Africa BEFORE the marriage/civil union takes place. For our purposes this will need to be carried out at the Umgeni Road, Durban Home Affairs Office. Please request specific instructions from your marriage officer. You will both need to be interviewed in person so you both need to be in Durban at least 10 – 14 days prior to your wedding date. In order to undergo the interview you will need to provide Certified Copies of the documents specified below (point 5). Interviews are ONLY done on Wednesdays. Appointments cannot be made – you will be required to arrive on a Wednesday morning and wait your turn. You are advised to arrive as early as possible (8.00am). The legal Marriage / Civil Union may only be carried out once this interview has been successfully conducted and written confirmation is received from the interviewing official.

Contract: Terms and Conditions of Service

We’ve all done it: skimmed or skipped over the terms of service to agree with whatever the company has written to get to what we want that much more quickly. By this time, we’ve grown confident that there’s probably nothing in that fine print that would be either interesting enough to pay attention to, or deal-breaking enough to pause for. But every once in a while, a company slips in something that we don’t expect, something that just might be more than you bargained for – or nothing like you would have expected. You’ll have to read every word of our T & C’s to find ours When you do find the odd bits, circle them so that we can see you have found them 😊 In all seriousness EVERY SINGLE WORD in this contract has VITAL legal importance. We wish we could highlight, underline and print it ALL in bold but then you probably still wouldn’t pay attention, so we’ve had to trick you into reading it all by inserting little unexpected bits here and there. Kinda like “Where’s Wally”.

In order to secure the services of the Officiant a non-refundable retainer fee as per your quotation is required. Banking details highlighted in blue in this document. We do not consider our services booked until the retainer fee is paid and the completed, signed booking form together with all required documents has been submitted via email or in person. Bookings must be finalised at least 21 WORKING DAYS in advance for a wedding or 3 WORKING DAYS Prior to your registration/mini wedding date. A non-refundable retainer fee as per our quotation secures your date; the balance of our fee is payable 7 days before the wedding. Should we not receive a response from you by the cut-off date above we reserve the right to cancel your reservation without any further communication.

BY SUBMITTING THIS FORM, YOU DECLARE THAT:

1. This is a genuine and actionable request for the services of a marriage officer for which you are liable for payment, and acceptance by Hatches Matches Dispatches / the marriage officer constitutes a confirmed booking.

2. Should the marriage officer be unable to conduct the ceremony/registration at the agreed time and place, the couple agree that his/her only liability is to refund the couple any monies already paid by the couple to the marriage officer in respect of the ceremony/registration. It is further agreed that should the inability of the marriage officer to conduct the ceremony/registration at the agreed time and place be as a result of any action on the part of the couple, either individually or severally, no refund shall be due.

3. You understand that the Marriage Officer is contracted to you for a limited period of time on the day of your ceremony. Should your ceremony/event not start within 30 minutes of the agreed specified time due to failure on your part, and the Marriage Officer does not have a following engagement, he/she will wait for your wedding/event to commence, but thereafter, at a surcharge of R850 per hour, or part thereof, payable on the day following your wedding. Failure to remit any balance of funds or surcharge due will result in your marriage / civil union not being registered at the Department of Home Affairs. In the event that the Marriage Officer does have another engagement immediately following your wedding, he/she reserves the right to leave the venue, without conducting the ceremony, if not commenced within 30 minutes of the agreed specified time. If you have read this paragraph please draw a smiley face beside it so that we know you have.

4. You undertake to make all required payments in full to Hatches Matches Dispatches/the marriage officer in respect of carrying out the service/s agreed to no later than seven (7) days preceding that which the event takes place, or no later than three (3) days preceding that which the registration service takes place and agree that the marriage officer will not proceed with the service/ceremony/registration until such payments have been made in full. It is further understood that failure to pay in time may result in this booking being cancelled.

5. You agree that should this booking be cancelled by you at less than 60 days’ notice you shall be liable for payment in full. Furthermore, if you truly are taking the time to read every word of our T & C’s please circle this paragraph. We want to make certain you read every word BEFORE you confirm your willingness to book with us.

6. According to South African Department of Home Affairs, the following documents will be required for the legal registration of your marriage/civil union and that you will provide the marriage officer with all required documentation prior to the solemnization of the Marriage/Civil Partnership, and the marriage officer may not and will not proceed with the service/ceremony/registration until all such documentation has been provided. Such documentation includes but is not limited to:

If both parties are South African citizens:

~ ONE clear copy of your identity documents (Driver's licenses won't do).

~ THREE ID photos each (Colour or B/W)

~ ONE clear copy of each of your witnesses SA identity documents. (Witnesses to be aged 18 +) Passports/Driver’s licenses won’t be accepted by Home Affairs

VERIFICATION OF MARITAL STATUS FOR COUPLE WISHING TO MARRY. Please note that as of the 15th of June 2019, Home Affairs designated officials have been instructed of the following:

~ All couples to be officially married in South Africa after this date, must have their current Marital Status confirmed before the planned solemnization of their marriage (Wedding Date.)

~ Both parties to the marriage are to appear at a Home Affairs office with the full complement of the required documentation in hand. (Please be in touch with us if you would like more detail on the documents required).

~ Original Identity documents will also be required.

~ The attending Home Affairs official will verify your Marital Status on the Population Registry

~ They will also verify your biometrics by checking your finger prints while you are present.

~ Upon successful processing on the day, the Verification of Marital Status document that we will supply to you will be authorized and stamped by the attending official OR the Home Affairs official will issue a separate Verification Certificate. Please then hand this document to us to form part of the collated bundle that we will submit on your behalf following the solemnization of your marriage.Should your marital status be incorrectly recorded, you must undertake to have it corrected by the Department prior to your proposed marriage. Registration of marriages with incorrect marital statuses can take up to a year and we cannot be held responsible for delays in the event of incorrect registrations on the system. We will NOT be allowed to register your marriage until such time as you have been to the Department of Home Affairs yourself and corrected this PRIOR to your wedding AND provided us with a copy of the Divorce Decree/Death Certificate etc. Since the marriage officer gets it in the neck from home affairs when this is not done and since you will endeavour to undertake to schlep into home affairs (I know, it sucks, but you really love each other and want to get married, right) please circle the smiley face here so that we know you have ready this 😊

If one or both parties were married before:

~ Proof that you are not married to another person by way of:

~ Copy of the divorce settlement (Cover page) OR

~ Copy of the death certificate OR

~ If you have misplaced any of the above, and affidavit obtained from a commissioner of oaths PROVIDED you are CORRECTLY registered on the system will be accepted. If you are still registered as married you MUST supply a copy of the Divorce Decree/Death certificate AND you must correct your status with Home Affairs yourself PRIOR to your Marriage/Civil Partnership. The Department of Home Affairs will NOT permit us to submit your register for the purposes of capturing on the data base until such time as you have been to the Department of Home Affairs yourself and corrected this PRIOR to your wedding/registration AND provided us with a copy of the Divorce Decree/Death Certificate etc.

~ Should you wish to be married by Anti-nuptial contract you will be required to consult a lawyer for this from whom we will require a letter confirming this, failing which you will automatically be married IN COMMUNITY OF PROPERTY. This is a real important point, so please circle this point so we know you have read and understand it.

b) If you are both foreign nationals:

 THREE passport/ID photos each of bride and groom /partners

 ONE clear copy of foreigner’s passport

 ONE clear copy of the SA National's ID book/Passport

 ONE clear copy of each of your two witnesses ID books. (Witnesses to be aged 18 +) Passports/Drivers Licenses not accepted by Home Affairs)

~ A Letter of No Impediment on marital status which can be obtained from any authority that is relevant in your country and can issue you with such a document OR a Statutory declaration from country of origin for citizens of Commonwealth countries. A letter from the registry office of the state/region in which you reside will also suffice. If you are already in SA, you may contact the Consulate General of your particular country. Please discuss letter with us if unsure about letter detail.

~ A copy of the stamp inside passport when arriving in SA

~ If you are working/living in SA (but a foreigner), we need a copy of the document stating under which condition you are in SA for example: temporary residence permit or working permit etc

~ If either of you is divorced, a certified copy of the final divorce decree or a sworn Affidavit declaring marital status

~ If either of you is a widow/er, a certified copy of the death certificate or a sworn Affidavit declaring marital status

~ Should you wish to be married by Anti-nuptial (pre-nup) contract you will be required to consult a lawyer for this from whom we will require a letter confirming this, failing which you will automatically be married IN COMMUNITY OF PROPERTY.

7. It is ESSENTIAL to have copies of all documents if not before the day of the service/wedding then BEFORE the service/ceremony/registration begins on the day. PLEASE NOTE THE DEPARTMENT OF HOME AFFAIRS WILL NOT PERMIT US TO REGISTER YOUR MARRIAGE/CIVIL PARTNERSHIP WITHOUT THE ABOVE ATTACHMENTS. Should the documents not be presented to the Officiant the service/ceremony/registration will still proceed, but your Marriage/Civil Partnership will NOT be legally registered until such the as the documents are produced.

c) If one or both of you is a foreign national:

 THREE passport/ID photos each of bride and groom

 ONE clear copy of foreigner’s passport

 ONE clear copy of the SA National's ID book/Passport

 ONE clear copy of each of your two witnesses ID books. Passports/Drivers Licenses not accepted by Home Affairs)

For the SA National:

 VERIFICATION OF MARITAL STATUS FOR COUPLE WISHING TO MARRY. Please note that as of the 15th of June 2019, Home Affairs designated officials have been instructed of the following:

~ All South African’s to be officially married in South Africa after this date, must have their current Marital Status confirmed before the planned solemnization of their marriage (Wedding Date.)

~ You will be required to appear at a Home Affairs office with the full complement of the required documentation in hand. (Please be in touch with us if you would like more detail on the documents required).

~ Original Identity document will also be required.

~ The attending Home Affairs official will verify your Marital Status on the Population Registry

~ They will also verify your biometrics by checking your finger prints while you are present.

~ Upon successful processing on the day, the Verification of Marital Status document that we will supply to you will be authorized and stamped by the attending official OR the Home Affairs official will issue a separate Verification Certificate. Please then hand this document to us to form part of the collated bundle that we will submit on your behalf following the solemnization of your marriage. Should your marital status be incorrectly recorded, you must undertake to have it corrected by the Department prior to your proposed marriage. Registration of marriages with incorrect marital statuses can take up to a year and we cannot be held responsible for delays in the event of incorrect registrations on the system. We will NOT be allowed to register your marriage until such time as you have been to the Department of Home Affairs yourself and corrected this PRIOR to your wedding AND provided us with a copy of the Divorce Decree/Death Certificate etc.

For the Foreign National:

~ A copy of the stamp inside passport when arriving in SA (foreigner)

~ If you are working/living in SA (but a foreigner), we need a copy of the document stating under which condition you are in SA for example: temporary residence permit or working permit etc

~ If either of you is divorced, a certified copy of the final divorce decree or a sworn Affidavit declaring marital status

~ If either of you is a widow/er, a certified copy of the death certificate or a sworn Affidavit declaring marital status

~ An interview MUST be undertaken at Immigration in Umgeni Road in Durban and the couple should inform us once it is done to allow us to arrange to collect the letter of authorisation.

8. It is ESSENTIAL to have copies of all documents if not before the day of the wedding then BEFORE the ceremony begins on the day. PLEASE NOTE THAT WE WILL NOT BE ALLOWED TO REGISTER YOUR MARRIAGE WITHOUT THE ABOVE ATTACHMENTS. Should the documents not be presented to the Officiant the ceremony will still proceed, but your marriage will NOT be legally registered, nor will you receive a Marriage Certificate at any time.

9. If you are both South African nationals you will not receive a Marriage Certificate from the Marriage Officer on the day of your marriage. Once your marriage is registered on the National Population Data Base you can visit any home affairs office and apply for your computer-generated marriage certificate by producing a certified copy of your ID and R20 in cash. They print it while you wait. Marriage Officer’s are NOT permitted to apply for marriage certificates on behalf of couples. Since this is really important information, kindly circle this paragraph so that we know you have read and understood it.

10. If you are BOTH foreign nationals you will be entitled to a hand-written Unabridged Marriage/Civil Union Certificate upon application and at the prescribed fee at any Home Affairs office in SA or South African Embassy abroad at an additional fee of R650.00. You will not receive a digital copy as the Marriage/Civil Union will not be captured on the SA National Population Register.

11. You will consider whether you wish to be married in community-of-property or by ante-nuptial contract, and that should you wish to enter into an ante-nuptial contract you will do so in the presence of a notary-public PRIOR to the solemnization of the Marriage/Civil Partnership. And further, that you understand any marriages solemnized without an ante-nuptial contract already in place are automatically registered in community-of-property. This is a biggie since it cannot be changed after marriage so please circle this paragraph so we know you have read it. If you don’t circle it and you complain afterward, we will direct you to this and rub your nose in it, ok?

12. You understand that signing the marriage/civil union register also requires that the marriage officer takes a thumbprint of each of you for the register, and that this entails applying ink to the left thumb

13. You will provide two witnesses to the Marriage/Civil Partnership who must record in the marriage/civil union register their Identity Numbers, or Passport Numbers if foreign nationals, their Full Names, Telephone Numbers and Signatures, and you undertake to ensure that the witnesses have the required information available at the signing of the register, failing which the provided witnesses will be asked to step down and other witnesses who can supply the required information will be selected either by the couple or the marriage officer.

14. You acknowledge that your Marriage/Civil Partnership will be registered under the Civil Union Act which allows for a civil union partnership or a marriage to be contracted under the Act by a same-sex or opposite-sex couple, and you may choose to have it registered either as a marriage or as a civil partnership. Whichever name is chosen for the registration, the legal consequences of a civil union are the same as those of a marriage under the Marriage Act of 1961. Any reference to marriage in any law is deemed to include a civil union, and any reference to a husband, wife or spouse is deemed to include a spouse or partner in a civil union. Although couples married under this act are afforded all rights provided under the marriage act, a same-sex Civil Partnership/marriage may not be recognised in some countries – it is your responsibility to ascertain the laws for the country you will be residing in after your marriage/civil union. A Civil Partnership/Marriage between an opposite-sex couple registered as a MARRIAGE under the Civil Union Act is recognised world-wide. Furthermore, if you are taking the time to read every word of our T & C’s please circle this paragraph. (This one is a REAL biggie since Home Affairs are inclined to falsely tell heterosexual couples that they have been illegally married under an Act which is reserved for same-sex couples only, which is a genuine load of hogwash) We want to make certain you read every word BEFORE you confirm your willingness to book with us.

15. You will hand an original signed copy of this document to the marriage officer on or before your service/registration/wedding, preferably at your planning meeting with your marriage officer if such a meeting takes place prior to your service/wedding, together with all of the above required documents.

16. By submitting this form both the Groom/Partner A and Bride/Partner B declare that the information contained herein is both true and correct and submission of the form constitutes the agreement of both of them to the terms and conditions above and you accept that should you intentionally make a false statement in a declaration, you could be charged with an offence and, if convicted, you could be fined or jailed, or both.

17. Payment and submission of the requested documents is considered acknowledgement and acceptance of these terms and conditions and is therefore binding. Should payment/completed booking form/document submissions not be timeously received, we reserve the right to automatically cancel the booking.

18. Hatches Matches & Dispatches reserves the right to change or alter any terms of business at any time, without prior notification.

19. Couple shall provide birthday cake for the marriage officers in the weekend closest to his/her birthdays, which are April 27 and November 1. Vanilla cake is not acceptable. Not really; we just want to check if you really are reading this form. If you are, circle this paragraph so that we can see.

Should you wish to form an ANC contract you will need to see a lawyer to have the contract drawn up BEFORE you marry or you will automatically be married by COP (See point 9 above). If required, we can assist as per our quotation or our partner lawyer, Jacques Roos, can assist you with this at very reasonable rates. Tel: 032 525 4552, Email: youlandi@jrooslaw.co.za Shop 26, Tiffany’s Shopping Centre, Old Main Road, Salt Rock. Alternatively make use of your own attorney.