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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1534
Experience:  BCom; LLB; Masters in Law
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My South African boyfriend proposed to me in March 2016 When

Customer Question

My South African boyfriend proposed to me in March 2016 When he came to see me in Manila. He told me we must wait until November this year to get married because his divorce from his first ex-wife was granted only last October 2014. According to him, South African law does not allow him to re-marry a foreigner before this 2-year period waiting time; thus 2014-2016. Should I believe him? I am Gyralyn & this is my email***@******.*** please help me, I really need answers.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Capetown, South Africa
JA: Have you talked to a lawyer yet?
Customer: Not yet.
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

No, he is not being honest. There is no such law in South Africa. If you are already married then you can't get married again. But if you are divorced on Monday morning, you can be re-married to another person on Monday afternoon. Wow, you could actually drive from court where you are divorced to your wedding ceremony!

Has he asked you to send him money? If so, please be careful. This could be a dating/marriage scam where he asks for money all the time and leads you on to believe that he will marry you. Please be careful with sending money to people in other countries, especially via Western Union!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Customer: replied 1 year ago.
Hi, thank u very much for ur prompt reply. Pls take into consideration that I'm a foreigner & not a local SA; there could be other issues when an SA divorcè wishes to re-marry a non SA? In my country, we cannot remarry that fast as u advised. Legal documents hav to be all in order & all applications filed & approved; & that takes a lot of time of waiting.
And no, he has not asked me for money. He works in South Korea as a car engineer & came to Manila to propose & meet my family. We talked about my 'doubts' about his divorce document; he adamantly states that it was what civil registry in SA told him just after it was granted & before he left for Korea to work. He hasn't been to SA since, that was in 2014. He even urged me to call South Africa Embassy here in Manila if I really want a copy today of that divorce paper; should I call his embassy?
Expert:  CaseLaw replied 1 year ago.

The fact that you're a foreigner makes no difference. As long as both of you are divorced, then you can get married. There is no time period to wait. I don't think that the Embassy will be able to assist at all with documents request - especially if the request doesn't come from him. If he was divorced here in SA then there would be a court order. The court order would be forwarded to Home Affairs who would update his status on the system. He could obtain a print out from Home Affairs showing his status as divorced.

There is NO minimum time period that you need to wait. There might be a short period to wait because you need to register the divorce, but legally you would be able to get married EVEN if Home Affairs still lists you as married. Being listed as "married" with Home Affairs does NOT mean that you are married. It just means that they haven't updated their records yet. You can still marry someone else.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw