Surviving spouse affidavit

Family & estates

The registration route described here is for persons who enter into a Muslim marriage to register that marriage according to the Recognition of Customary Marriages Act. If a spouse has died, where one spouse is deceased the surviving spouse must submit a sworn affidavit. Estate reporting has its own Declaration of Marriage, while an alleged permanent same-sex partnership can require another affidavit. Check which process you are handling before preparing papers.

Prepare your affidavit

No account needed. Your answers are used for this request. Save to your account only when you choose to.

Do not sign before the commissioner of oaths. Review your statement and sign in their presence. This PDF is not signed or certified.

Official downloads

Declaration of Marriage by the surviving spousewww.justice.gov.za

How to use it

Check that this is your process The directive issued in January 2022 enables persons who enter into a Muslim marriage to register that marriage according to the Recognition of Customary Marriages Act. These steps cover that registration route. They do not describe every process involving a surviving spouse.
Prepare the marriage papers A Muslim marriage certificate must be submitted. Arrange for two representatives during the registration of customary marriage, one from either family with certified copies of their 13-digit identity document. Put these papers together before proceeding.
Confirm consent and identity checks Both spouses must consent to being married to each other under the Muslim marriage. Both spouses must submit their IDs for verification in the National Population Register.
If a spouse has died Where one spouse is deceased the surviving spouse must submit a sworn affidavit.

Document checklist

Muslim marriage registration Are you registering a Muslim marriage according to the Recognition of Customary Marriages Act?
Surviving spouse Has a spouse died during this registration?
Marriage certificate Is the Muslim marriage certificate ready to submit?
Consent and identity checks Have both spouses consented and submitted their IDs for verification?
Family representatives Have you arranged representatives from both families and their certified ID copies?
Estate reporting Are you handling a deceased estate report that calls for details of the marriage?
Life partnership claim Does the death notice allege a permanent same-sex life partnership, with the estate to devolve intestate?

Questions & answers

What should you say about a ceremony?

Say whether you took part in a ceremony to show your intention to form a permanent partnership. Describe what happened and who attended.

What home details should you include?

State whether you shared a home, whether you owned or leased it together, and how you divided living costs and home upkeep.

What should you say about support and future provision?

Explain whether either partner gave financial support. Include any medical, pension or related benefits, any partnership agreement, and arrangements in your wills.

Which background details should you include?

Cover the relationship’s length, whether it was exclusive, shared family responsibilities, each partner’s age, whether you had children, and whether you appeared in public as a couple. The form also asks how friends and family recognised you as life partners.

Can you add information beyond the form prompts?

Yes. You may add information in an affidavit or affirmation and attach supporting documents. Address the form’s topics and include any further details that help explain the relationship.

What should the surviving spouse affidavit say?

The requirement confirms that a sworn affidavit must be submitted for the described registration situation, but it does not give the affidavit’s wording. Check with the office handling the registration before signing.