When is a Spousal Affidavit or Notarial Agreement required?

Key Takeaways:

• A Spousal Affidavit is also known as a Notarial Agreement.

• A Notarial Agreement is required by Home Affairs for visa purposes.

• A Notarial Agreement must be signed in front of a Notary Public.

Typically the contract specifies the rights and obligations of both parties. Once finalised the contract is signed by both parties in the presence of a Notary Public, who will then notarially seal the agreement.

A Spousal Affidavit is also known as a Notarial Agreement.

Foreign citizens, who are typically in a relationship with a South African citizen, will be required to apply for a visa from the South African authorities. When undergoing this process, the couple will be required to “prove” their relationship. For this purpose, the Department of Home Affairs will ask for a Notarial Agreement / Spousal Affidavit to be signed before a Notary Public.

Typically the contract specifies the rights and obligations of both parties. Once finalised the contract is signed by both parties in the presence of a Notary Public, who will then notarially seal the agreement.

Have a look at our legal services pricing for Spousal Notarial Agreements here.

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