MARRIAGE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   In what cases marriage void

   4   Effect of non-observance of the conditions of this Act

   5   Civil Registrars and Marriage Officers

   6   Ministers of religion, how far entitled to be Marriage Officers

   7   Civil Registrar to be Marriage Officer ex-officio

   8   When Marriage Officer may refuse to act as such

   9   Deputies to Civil Registrars, their appointments, removal powers and duties

   10   Applications for appointment as a Marriage Officer

   11   Ministers of religion ceasing to act to notify Registrar-General

   12   Vacation of office of Marriage Officer to be Gazetted

   13   Temporary absence of Marriage Officer

   14   Power to remove Marriage Officer

   15   Change of residence, postal address and ministerial charges of Marriage Officers to be reported

   16   Authority for marriage

   17   Preliminaries to marriage on Civil Registrar's certificate

   18   Preliminaries to marriage on a Marriage Officer's certificate

   19   Notice of intended marriage under Foreign Marriage Act

   20   Who may publish banns

   21   Preliminaries to marriage on the Minister's licence

   22   Special licences

   23   Stamps on marriage licences

      Schedule to Stamp Duty Act

   24   Consent to marriage when required and who may give it to

      Consequence of marriage without necessary consent.

   25   Objection to a marriage, how to be made and dealt with

   26   Certificate or licence void after three months

   27   How marriage to be solemnised and conditions to be observed

   28   Marriage by a Civil Registrar

   29   As to a separate religious service

   30   Inquiries by Marriage Officer

   31   How marriages to be registered

   32   Marriage Officer's duties immediately after registration

   33   Registering marriage in the General Register Office

   34   Rectification of Register as to marriage not properly registered

   35   Alteration of Register of Marriage

   36   Certified copies of registers exempt from stamp duty

   37   As to marriage in articulo mortis

   38   Rules under this Act, how and by whom made, altered or revoked

   39   General Register Office for marriages

   40   Seal of office

   41   Supply of books, forms, etc, to Marriage Officers

   42   Registrar-General of Marriages

   43   Registrar-General to see to the execution of this Act

   44   Registrar-General responsible for documents committed to his keeping

   45   Index to Register Book

   46   Index may be searched

   47   Office copy of Registers

   48   Marriage Officers to be Registrars of Marriages

   49   Their duties as such

   50   Duties of Civil Registrars

   51   Marriage facilities of Commonwealth citizen

   52   Fees

   53   Expenses of carrying out this Act

   54   Registers, Records of Registers and copies, how far evidence

   55   Penalty on Marriage Officers not complying with this Act

   56   Penalty on Marriage Officers for certain neglects and defaults

   57   Director of Public Prosecutions must authorise prosecution

   58   Report to be made by Registrar-General to Director of Public Prosecutions

   59   Schedules

   60   Cancellation of Original Registers, Duplicate Original Registers and other entries of bigamous marriages

 

Offences

   61   Tampering with Marriage Registers

   62   Personation of Marriage Officer

   63   False official certificates or attestations

   64   Tampering of Marriage Officers with certificates or notice

   65   False ceremony of marriage

   66   Fraudulent ceremony of marriage with a party believing it valid

   67   Frauds by one party to a marriage on the other

   68   Fraudulent performance of ceremony when marriage unlawful

   69   Fraudulent endeavouring to prevent a marriage

   70   Provisions relating to punishment

   71   Minister may amend monetary penalties

      SCHEDULES

 

THE MARRIAGE ACT

[Date of Commencement: 2nd June, 1897]

Cap 237.

Law 48 of 1957.

Acts
42 of 1969,
1 of 1979,
7 of 2011.

LN 137/03.

1   Short title

   This Act may be cited as the Marriage Act.

2   Interpretation

   In this Act-

   "Registrar-General", "Civil Registrar", "Marriage Officer" mean respectively Registrar-General of Marriages, Civil Registrar of Marriages and Marriage Officer under this Act;

   "General Register Office" means General Register Office for the keeping of registers of marriages solemnised in this Island as appointed by law.

3   In what cases marriage void

   (1) If both the parties to a marriage knowingly and wilfully acquiesce in the solemnization of the marriage ceremony between them-

[48/1957 s 2(a).]

   (a)    by or before a person not being a Marriage Officer; or

   (b)    otherwise than in the presence of two witnesses besides the Marriage Officer solemnizing or witnessing and registering the marriage, the marriage shall be void.

   (2) A marriage solemnised between persons either of whom is under the age of sixteen Years shall be void.

[48/1957 s 2(b).]

   (3) If the parties to any marriage are within the prohibited degrees of consanguinity or affinity according to the law of England from time to time in force, the marriage shall be void.

[48/1957 s 2(b).]

4   Effect of non-observance of the conditions of this Act

   Except as aforesaid, and except as in section 37 provided with respect to marriages under that section, no marriage otherwise lawful which has been actually solemnised shall be declared void on the ground that any of the conditions by this Act directed to be observed have not been duly observed.

5   Civil Registrars and Marriage Officers

   The Minister shall from time to time appoint, and remove at pleasure, such persons as he shall think fit to Civil Registrars of Marriages, and such ministers of religion as may be entitled to appointment under the provisions of this Act to be called Marriage Officers. Appointments and removals of, and any resignation or vacation of office by Civil Registrars and Marriage Officers shall be notified in the Gazette, and shall take effect from the date of publication.

6   Ministers of religion, how far entitled to be Marriage

   Ministers of religious d:denominations, whether acting for one congregation or having the local superintendence of several congregations, shall be entitled to be appointed Marriage Officers for the Island, but the Minister may refuse to appoint any such minister if he thinks him unfit.

[48/1957 s 3.]

7   Civil Registrar to be Marriage Officer

   A Civil Registrar shall be ex officio a Marriage Officer, and shall have a known office to be approved by the Registrar-General, but shall not act as a Marriage Officer otherwise than subject to the provisions of section 28.

8   When Marriage Officer may refuse to act as such

   No minister of religion who is a Marriage Officer shall be required to act as a Marriage Officer with respect to any marriage which is contrary to the rules of the religious denomination to which he belongs.

9   Deputies to Civil Registrars, their appointments, removal powers and duties

   A Civil Registrar shall, subject to the approval of the Minister, appoint by writing under his hand a fit person to act as his deputy in case of his illness or absence. Such deputy shall hold his office during the pleasure of the Civil Registrar by whom he is appointed, but shall be removable from his office by the Minister. Such deputy while so acting shall have all the powers and duties and be subject to all the penalties herein declared concerning civil Registrars. A Civil Registrar shall be civilly responsible for the acts and omissions of his deputy. In the event of the incapacity or absence of the deputy the Registrar-General shall, subject to the approval of the Minister, appoint a fit person to act as Civil Registrar until the person thus holding the appointment of Civil Registrar resumes the duties of his office, or until a new appointment to the office of Civil Registrar is duly made.

   In case a Civil Registrar dies, or otherwise ceases to hold his office, his deputy shall act as Civil Registrar in his place until the appointment of another Civil Registrar is made by the Minister.

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