Marriages Act, 1972

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Number 30 of 1972

MARRIAGES ACT, 1972

ARRANGEMENT OF SECTIONS

Number 30 of 1972

MARRIAGES ACT, 1972

AN ACT TO AMEND THE LAW RELATING TO MARRIAGES. [20th December, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Marriages where either party is under sixteen not to be valid in law.

1.—(1) A marriage solemnised between persons either of whom is under the age of sixteen shall, subject to the next subsection, not be valid in law.

(2) Subsection (1) of this section shall not apply where exemption from it has been obtained before the marriage from the President of the High Court (or a Judge of that Court nominated by the President thereof).

(3) The following provisions shall have effect in relation to an application under subsection (2) of this section—

(a) it may be made by or on behalf of either party to the intended marriage and without the intervention of a next friend,

(b) it may be made informally through the Registrar of Wards of Court in accordance with rules of procedure directed by the President of the High Court,

(c) it may be heard and determined in private,

(d) it shall not be granted unless the applicant shows that its grant is justified by serious reasons and is in the interests of the parties to the intended marriage,

(e) no court fee shall be charged in respect of it, and

(f) no further application in respect of the marriage may be made under that subsection.

(4) Any person to whom application is made in relation to the solemnisation of an intended marriage may, if he so thinks fit, request the production of evidence of age with respect to both parties or either party.

(5) Where a request is made under subsection (4) of this section—

(a) refusal or failure to comply with the request shall be proper reason for refusal of the application,

(b) it the request is complied with and the evidence shows that both parties or either party are or is under the age of sixteen, the application shall be refused unless the evidence is accompanied by the appropriate exemption under subsection (2) of this section.

(6) Where a person knowingly—

(a) solemnises or permits the solemnisation of a marriage which, consequent on the provisions of this section, is not valid in law, or

(b) is a party to such a marriage,

such person shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding fifty pounds.

(7) Where a marriage would not be regarded as valid in law unless an exemption under subsection (2) of this section in respect of it has been granted, it shall not be registered save on production, to the person effecting the registration, of such exemption.

Validity as to form of certain marriages.

2.—(1) This section applies to a marriage—

(a) which was solemnised before the passing of this Act solely by a religious ceremony in the département of Hautes Pyrénées, France, and

(b) was between persons both or either of whom were or was citizens or a citizen of Ireland on the day of the marriage.

(2) A marriage to which this section applies shall be and shall be deemed always to have been valid as to form if it would have been so valid had it been solemnised in the State.

(3) An tArd-Chláraitheoir may, on production of such evidence as appears to him to be satisfactory, cause a marriage to which this section applies to be registered in a register to be maintained in Oifig an Ard-Chláraitheora.

(4) The register in which a marriage is entered under subsection (3) of this section shall be deemed to be a register maintained under the Registration of Marriages (Ireland) Act, 1863 , and that Act shall apply and have effect accordingly.

Provisions for certain marriages where neither party was resident in appropriate parish or district.

3.—No marriage which was solemnised before the commencement of this section in—

(a) a church of the Church of Ireland, being a church which existed immediately before the passing of the Marriages (Ireland) Act, 1844, or

(b) a church or chapel licensed under section 33 of the Marriages (Ireland) Act, 1844, or section 34 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 ,

shall be or be deemed ever to have been invalid or ineffective by reason only of the fact that neither of the parties was resident in—

(i) in the case of a marriage solemnised in a church referred to in paragraph (a) of this section—the parish or district attached to the church, or

(ii) in the case of a marriage solemnised in a church or chapel referred to in paragraph (b) of this section—the district specified in the licence of the church or chapel.

Deputy for secretary of synagogue.

4.—(1) In case of the absence from illness or other reasonable cause of a person who is certified under section 63 of the Marriages (Ireland) Act, 1844, to be the secretary of a synagogue, he may, with the approval of the Chief Rabbi of the Jewish Communities in Ireland and subject to the obligation of notifying an tArd-Chláraitheoir, appoint a deputy to discharge his duties under that Act and the other Acts relating to marriages during any period not exceeding twelve months.

(2) The approval referred to in the foregoing subsection may, in case of the absence of the Chief Rabbi or in case the office of Chief Rabbi is vacant, be given by the person or persons for the time being performing the functions of the Chief Rabbi.

(3) References in the Marriages (Ireland) Act, 1844, to a secretary of a synagogue shall be construed as including references to a deputy appointed under this section.

Secretary of synagogue (Dublin Jewish Progressive Congregation).

5.—(1) Where the governing body of the Dublin Jewish Progressive Congregation notify an tArd-Chláraitheoir that a person has been appointed by them to be the secretary of their synagogue, that person shall be deemed to be a person who is certified under section 63 of the Marriages (Ireland) Act, 1844, to be the secretary of a synagogue, and until an tArd-Chláraitheoir is notified by the governing body that that person has ceased to be the secretary of their synagogue, he shall continue to be so deemed.

(2) In case of the absence from illness or other reasonable cause of any such person, he may, with the approval of the governing body and subject to the obligation of notifying an tArd-Chláraitheoir, appoint a deputy to discharge his duties under the Marriages (Ireland) Act, 1844, and the other Acts relating to marriages during any period not exceeding twelve months.

(3) References in the Marriages (Ireland) Act, 1844, to a secretary of a synagogue shall be construed as including references both to a person who is deemed under this section to be certified as aforesaid and to a deputy appointed under this section.

Amendment of section 13 of Marriages (Ireland) Act, 1844, and section 2 of Marriage Law (Ireland) Amendment Act, 1863.

6.—In a case in which a notice or notices is or are required to be given pursuant to section 13 of the Marriages (Ireland) Act, 1844, that section and section 2 of the Marriage Law (Ireland) Amendment Act, 1863 , shall have effect subject to the proviso that it shall not be necessary that the church or other building stated in the notice or notices as the church or other building in which the marriage is intended to be solemnised, or that the church or other building in which the marriage is solemnised, shall be within the district within which one of the parties has dwelt for the time prescribed in the first of those sections if there is not a church or other building used by the religious denomination according to the usages of which the marriage is to be solemnised within—

(a) in case the parties have dwelt in the same district for the time prescribed by the first of those sections, that district, or

(b) in case the parties have dwelt in different districts for that time, either of those districts.

Amendment of sections 19 and 20 of Marriages (Ireland) Act, 1844.

7.—The following section is hereby substituted in the Marriages (Ireland) Act, 1844, for sections 19 and 20:

“19. (1) A marriage shall not be solemnised where either of the parties, being neither a widower or widow nor a ward of court, is under the age of twenty-one unless there shall first be obtained (a) the consents of the guardians, or the consent of the sole guardian, of such of the parties so under age or (b) if there is no guardian, the consent of the President of the High Court (or of a Judge of that Court nominated by the President thereof).

(2) The foregoing subsection shall have effect subject to the proviso that the requirement of consent of a guardian shall not apply in a case in which the consent is refused or withheld, or in which the guardian is unknown, of unsound mind or of whereabouts which would be unreasonably difficult to ascertain, if consent of the President of the High Court (or of a Judge of that Court nominated by the President thereof) to the intended marriage is first obtained.

(3) The following provisions shall have effect in relation to an application under paragraph (b) of subsection (1) or subsection (2) of this section—

(a) it may be made by or on behalf of either party to the intended marriage and without the intervention of a next friend,

(b) it may be made informally through the Registrar of Wards of Court in accordance with rules of procedure directed by the President of the High Court,

(c) it may be heard and determined in private, and

(d) no court fee shall be charged in respect of it.

(4) This section applies, notwithstanding section 3 of this Act, in relation to all marriages.”

Amendment of references to meeting houses in Marriages (Ireland) Act, 1844.

8.—The Marriages (Ireland) Act, 1844, is hereby amended by the substitution of “Church” and “Churches” for “Meeting House” and “Meeting Houses” respectively wherever those words occur.

Extension of section 10 of the Registration of Births and Deaths (Ireland) Act, 1863.

9.—An appointment by an tArd-Chláraitheoir under section 10 of the Registration of Births and Deaths (Ireland) Act, 1863, of a person to be his assistant shall have effect with respect to marriages as well as with respect to births and deaths, and the reference in that section to provisions and penalties shall accordingly be construed as including a reference to provisions and penalties declared by the enactments relating to marriages.

Amendment of section 3 of Marriage Law (Ireland) Amendment Act, 1863.

10.—(1) Section 3 of the Marriage Law (Ireland) Amendment Act, 1863 , is hereby amended by the insertion of “or the Clerk of a branch of the Church of Christ Scientist,” before “as the case may require”.

(2) Section 41 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , is hereby amended by the insertion of “or members of the Church of Christ Scientist,” before “the Registrar shall”.

Amendment of section 33 of Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870.

11.— Section 33 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , is hereby amended by the substitution in subsection (1) of “in force from time to time” for “at the time of the passing of this Act in force”.

Amendment of section 35 of Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870.

12.—(1) Section 35 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , and the forms in the Schedule (A.) to that Act shall have effect subject to the following amendments:

(a) in the first paragraph “or one of them has been a member of a congregation as provided for by this section” shall be inserted after “and resident within such districts”,

(b) in the second paragraph “or been for not less than three months then next preceding a member of the congregation of the church or chapel” shall be inserted after “the district named in that notice”,

(c) the following sentences shall be added to the second paragraph: “In case the church or chapel named in the notice is attached to a parish in which on the date of the notice neither of the parties intending marriage resides, the licence shall not be granted save on production, in case the parties are resident on the date of the notice in the same parish, of the consent of the incumbent of that parish and, in case the parties are so resident in different parishes, of the consents of the incumbents of those parishes. In the foregoing sentence every reference to an incumbent shall be construed as including a reference to a curate in charge and, should there be no incumbent or curate in charge, a reference to the bishop of the diocese.”,

(d) in the fifth paragraph “or for more than three months immediately before the day of the grant of such licence been a member of the congregation of such church or chapel” shall be inserted after “the church or chapel in which such marriage is to be solemnised”,

(e) in Form No. I “[or been for more than three months a member of the congregation of the (here describe the building in which the marriage is to be solemnised)]” shall be inserted after “had your (or his or her) usual place of abode for the space of fourteen days last past within the district of (   )”,

(f) in Form No. II “(where material)” shall be inserted after “Length of Residence”.

(2) A licence under section 33 of the Marriages (Ireland) Act, 1844, or section 34 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 , shall operate to licence the church or chapel for the celebration of marriages licensed under section 35 of the latter Act as amended by this section.

Amendment of section 36 of Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870.

13.— Section 36 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , is hereby amended by the insertion of “or one only of them is a Protestant Episcopalian,” before “any bishop” and by the insertion of “and, in case of the absence from illness or other reasonable cause of a bishop or a vacancy in a see, the grant of such licences may be effected by the person authorised by the laws of the said Church to exercise the functions of bishop” after “episcopal superintendence”.

Amendment of section 37 of Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870.

14.— Section 37 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , is hereby amended—

(a) by the insertion of

“The Chief Rabbi of the Jewish Communities in Ireland:”

after

“The clerk to the yearly meeting of the Society of Friends in Ireland:”;

(b) by the insertion of “, or one only of them is a member” after “both members”;

(c) by the substitution of “same religious denomination” for “same Church”;

(d) by the substitution of “clerk or rabbi” for “or clerk”;

and

(e) by the addition of the following paragraph:

“In case of the absence from illness or other reasonable cause of the moderator, chairman, secretary, president, head, clerk or rabbi, he may, subject to any directions which his religious authority may issue, appoint a person to grant special licences on his behalf for any period not exceeding twelve months.”

Licensing and registration of buildings in which marriages may be solemnised.

15.—(1) A building may be licensed for the celebration of marriages, or, as the case may be, registered, two or more times under any of the following enactments, and may be so licensed or registered under more than one of them:

(a) section 7 of the Marriages (Ireland) Act, 1844,

(b) section 27 of that Act,

(c) section 12 of the Marriage Law (Ireland) Amendment Act, 1863 ,

(d) section 34 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 ,

^{if it satisfies the conditions specified in the section in question.}

(2) The words “is being used by them” are hereby substituted for the words from “has been used” to “least” in the said section 27 and in the said section 12.

Special marriage licence where one party is seriously ill.

16.—(1) An tArd-Chláraitheoir may grant a special licence to marry on being satisfied that one of the persons to be married is, for reasons of health certified by a registered medical practitioner, unable to attend at the office of a registrar of marriages for the ceremony.

(2) A marriage authorised by a licence under this section may be solemnised, in the presence of two witnesses, at any time and place by the registrar of marriages for the registration district in which that place is situate provided that, in some part of the ceremony, and in the presence of such registrar and witnesses, each of the parties declares:

“I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D.”

and that each of the persons says to the other:

“I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife (or husband).”

(3) Section 66 of the Marriages (Ireland) Act, 1844, is hereby amended by the insertion of “or pursuant to a special licence granted by an tArd-Chláraitheoir,” after “in his office,”.

Hours of solemnisation—repeals and amendment.

17.—(1) There are hereby repealed:

(a) the words “between the hours of eight in the morning and three in the afternoon” and “between the same hours” in section 4 of the Marriages (Ireland) Act, 1844, as amended by the Marriages (Ireland) Act, 1918,

(b) the words “between the hours of eight in the forenoon and three in the afternoon” in section 29 of the Marriages (Ireland) Act, 1844, as so amended,

(c) the words “between the hours of eight in the morning and three in the afternoon” in section 7 of the Marriage Law (Ireland) Amendment Act, 1863 , as so amended,

(d) the words “save only that such marriages may be celebrated at any time between the hours of eight o'clock in the forenoon and three o'clock in the afternoon” in section 33 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , as so amended,

(e) the words “between the hours of eight in the forenoon and three in the afternoon” in section 38 of the Matrimonial Causes and Marriage Law (Ireland) Act, 1870 , as so amended,

(f) the Marriages (Ireland) Act, 1918,

(g) any incorporation in any enactment of the requirement repealed by the foregoing paragraphs.

(2) Section 30 of the Marriages (Ireland) Act, 1844, is hereby amended by the substitution of “between the hours of eight in the forenoon and five in the afternoon” for “between the hours aforesaid”.

(3) The forms of marriage licences shall be altered so as to be in conformity with the provisions of the foregoing subsections of this section.

Substitutions for certain references to age.

18.—(1) The Minister for Health may, by regulations, substitute, for any reference to the age of twenty-one contained in any Act specified in the next subsection, a reference to any lesser age.

(2) The Acts referred to in the foregoing subsection are:

(a) the Marriages (Ireland) Act, 1844,

(b) the Marriage Law (Ireland) Amendment Act, 1863 ,

(c) the Matrimonial Causes and Marriage Law (Ireland) Act, 1870 .

(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Short title and commencement.

19.—(1) This Act may be cited as the Marriages Act, 1972.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Health either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.