We all know that the world follows where America leads. If you want proof of this, just Google “top ten trendsetters in the world” or “ten most influential people” and chances are every one of those people will be an American. Recently dogs have been allowed to sign marriage certificates as witnesses in some states of the USA. It sounds so adorable! And, if it is done in the US, we want to do it too. But can we do it within the boundaries of our law?
Can a dog be a witness for a wedding?
There are 50 states in the USA and the legal requirements for marriage are not the same in all the states. In 23 states no witnesses are required to sign a marriage license. The only requirements are that it must be signed by the bride and groom and the officiating party. This leaves enough space for a dog paw-print or signature to be added as a witness. The licence is completely legal. A perfect idea for couples that want to elope, but still want their beloved dog (or any other pet) to be part of the process. In six other states, the signature of one human witness is a legal requirement, but it still leaves an opportunity for a pet to be the second signatory, even if only by paw-print.
Can my dog be a witness at my wedding in South Africa?
Marriages and civil unions in South Africa are regulated by three different acts. Which act applies will depend on the type of marriage or civil union that a couple chooses. The three acts are:
- The Marriage Act, No. 25 of 1961,
- The Recognition of Customary Marriages Act, No. 120 of 1998, and
- The Civil Union Act, No. 17 of 2006.
All these acts have requirements for formalities and although there are differences, there are many similarities too. For a marriage to be registered, the couple, two witnesses, and the marriage officer must sign the marriage register immediately after the solemnisation of the marriage. The officer must give a handwritten marriage certificate to the couple and submit the register to the Department of Home Affairs. The two witnesses must be competent persons. This means they must be at least 16 years of age, have a valid identification document, and be of sound mind. Although most of us will argue that our dogs are of sound mind, few dogs will meet the 16-year age requirement or have valid identification documents! The law also does not recognise them as persons. Unfortunately, this means that according to South African law, dogs cannot legally witness a marriage.
For those of you who want to make your beloved dog part of your wedding ceremony, there are still many ways in which you can do it! Several wedding venues are pet-friendly and allow pets to be part of the process nowadays. So, start getting creative and think about how you can make your darling dog part of your special day! After all, nobody ever sees the wedding register after it has been signed on the wedding day!
Dr Trudie Prinsloo is a qualified veterinarian and attorney. In 2015, she started Legalvet Services to provide legal advice to the animal health and veterinary industries in South Africa – and now she’s teamed up with us to tell us if dogs can sign marriage certificates in South Africa.
This blog is intended for informational purposes only and should in no way be regarded as a substitute for professional legal advice.
