{"id":11474,"date":"2022-04-24T19:05:48","date_gmt":"2022-04-24T19:05:48","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11474"},"modified":"2024-04-23T21:09:16","modified_gmt":"2024-04-23T21:09:16","slug":"marriage","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/marriage\/","title":{"rendered":"Marriage"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/marriage\/#Common_Law\" title=\"Common Law\">Common Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/marriage\/#Same-Sex_Marriage\" title=\"Same-Sex Marriage\">Same-Sex Marriage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/marriage\/#Human_Rights_Protection\" title=\"Human Rights Protection\">Human Rights Protection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/marriage\/#Sham_Marriages\" title=\"Sham Marriages\">Sham Marriages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/marriage\/#Forced_Marriage_Offence\" title=\"Forced Marriage Offence\">Forced Marriage Offence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/marriage\/#Engagement\" title=\"Engagement\">Engagement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/marriage\/#Disputes_re_Engagement\" title=\"Disputes re Engagement\">Disputes re Engagement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/marriage\/#Foreign_Marriages\" title=\"Foreign Marriages\">Foreign Marriages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/marriage\/#Age\" title=\"Age\">Age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/marriage\/#Divorce\" title=\"Divorce\">Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/marriage\/#Prohibited_Relationship\" title=\"Prohibited Relationship\">Prohibited Relationship<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/marriage\/#Declaration_of_Validity\" title=\"Declaration of Validity\">Declaration of Validity<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#MARRIAGE_ACT_2015\" title=\"MARRIAGE ACT 2015\">MARRIAGE ACT 2015<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Short_title_and_commencement\" title=\"Short title and commencement\">Short title and commencement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Definitions\" title=\"Definitions\">Definitions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Impediments_to_Marriage\" title=\"Impediments to Marriage\">Impediments to Marriage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Prohibited_degrees_of_relationship\" title=\"Prohibited degrees of relationship\">Prohibited degrees of relationship<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Religious_Bodies\" title=\"Religious Bodies\">Religious Bodies<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#FAMILY_ACT_1995\" title=\"FAMILY ACT 1995\">FAMILY ACT 1995<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Declarations_as_to_Marital_Status\" title=\"Declarations as to Marital Status\">Declarations as to Marital Status<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Provisions_supplementary_to_section_29\" title=\"Provisions supplementary to section 29.\">Provisions supplementary to section 29.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Age_of_marriage\" title=\"Age of marriage.\">Age of marriage.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Abolition_of_right_to_petition_for_jactitation_of_marriage\" title=\"Abolition of right to petition for jactitation of marriage.\">Abolition of right to petition for jactitation of marriage.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#DECEASED_WIFES_SISTERS_MARRIAGE_ACT_1907\" title=\"DECEASED WIFE&#8217;S SISTER&#8217;S MARRIAGE ACT 1907\">DECEASED WIFE&#8217;S SISTER&#8217;S MARRIAGE ACT 1907<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Marriage_with_a_deceased_wifes_sister_not_to_be_deemed_void_as_a_civil_contract_except_in_certain_cases\" title=\"Marriage with a deceased wife\u2019s sister not to be deemed void as a civil contract except in certain cases.\">Marriage with a deceased wife\u2019s sister not to be deemed void as a civil contract except in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Saving_of_existing_rights_and_interests\" title=\"Saving of existing rights and interests.\">Saving of existing rights and interests.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#DECEASED_BROTHERS_WIDOWS_MARRIAGE_ACT_1921\" title=\"DECEASED BROTHER&#8217;S WIDOW&#8217;S MARRIAGE ACT 1921\">DECEASED BROTHER&#8217;S WIDOW&#8217;S MARRIAGE ACT 1921<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Marriage_with_a_deceased_brothers_widow_not_to_be_void_as_a_civil_contract_except_in_certain_cases\" title=\"Marriage with a deceased brother\u2019s widow not to be void as a civil contract except in certain cases.\">Marriage with a deceased brother\u2019s widow not to be void as a civil contract except in certain cases.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#FAMILY_LAW_ACT_1988\" title=\"FAMILY LAW ACT, 1988\">FAMILY LAW ACT, 1988<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#FAMILY_LAW_ACT_1988-2\" title=\"FAMILY LAW ACT, 1988\">FAMILY LAW ACT, 1988<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Abolition_of_proceedings_for_restitution_of_conjugal_rights\" title=\"Abolition of proceedings for restitution of conjugal rights.\">Abolition of proceedings for restitution of conjugal rights.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#CIVIL_REGISTRATION_ACT\" title=\"CIVIL REGISTRATION ACT\">CIVIL REGISTRATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Amendment_of_Law_Relating_to_Marriages\" title=\"Amendment of Law Relating to Marriages\">Amendment of Law Relating to Marriages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Definitions_Part_6\" title=\"Definitions (Part 6).\">Definitions (Part 6).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Secular_body\" title=\"Secular body\">Secular body<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Notification_of_marriages\" title=\"Notification of marriages.\">Notification of marriages.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Exemption_of_certain_marriages_from_section_461ai\" title=\"Exemption of certain marriages from section 46(1)(a)(i).\">Exemption of certain marriages from section 46(1)(a)(i).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Marriage_registration_form\" title=\"Marriage registration form.\">Marriage registration form.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Registration_of_marriages\" title=\"Registration of marriages.\">Registration of marriages.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Non-receipt_of_marriage_registration_form_by_registrar\" title=\"Non-receipt of marriage registration form by registrar.\">Non-receipt of marriage registration form by registrar.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Solemnisation_of_marriages\" title=\"Solemnisation of marriages.\">Solemnisation of marriages.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Places_and_times_for_the_solemnisation_of_marriages\" title=\"Places and times for the solemnisation of marriages.\">Places and times for the solemnisation of marriages.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Register_of_Solemnisers\" title=\"Register of Solemnisers.\">Register of Solemnisers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Application_by_bodies_for_registration_of_persons\" title=\"Application by bodies for registration of persons.\">Application by bodies for registration of persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Cancellation_of_registration\" title=\"Cancellation of registration.\">Cancellation of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Appeals_against_refusals_or_cancellations_of_registration\" title=\"Appeals against refusals or cancellations of registration.\">Appeals against refusals or cancellations of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Temporary_authorisation_to_solemnise_marriage\" title=\"Temporary authorisation to solemnise marriage.\">Temporary authorisation to solemnise marriage.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Objections\" title=\"Objections.\">Objections.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Marriage_ceremonies_performed_at_certain_embassies_or_diplomatic_missions\" title=\"Marriage ceremonies performed at certain embassies or diplomatic missions\">Marriage ceremonies performed at certain embassies or diplomatic missions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/marriage\/2\/#Registration_of_decrees_of_divorce_and_decrees_of_nullity\" title=\"Registration of decrees of divorce and decrees of nullity.\">Registration of decrees of divorce and decrees of nullity.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law\"><\/span>Common Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Marriage at common law is the union of one man and one woman to the exclusion of all others for life. The legal formalities for marriage must be followed. The marriage must be voluntarily contracted.<\/p>\n<p>The institution of marriage is protected by the Constitution. The courts had rejected attempts to recognise same-sex marriage. Following a 2015 amendment to the Constitution, same sex marriage is now permitted and recognised. The Constitution, as amended, provides &#8220;marriage may be contracted in accordance with law by two persons without distinction as to their sex&#8221;.<\/p>\n<p>Although there is an element of contract to marriage, the rights and obligations are largely prescribed by law.\u00a0 It is not possible to pick and choose those which are applicable. \u00a0It is possible to enter a prenuptial agreement in relation to some narrow matters.<\/p>\n<p>Apart from succession rights, where there are express provisions, there are doubts as to the extent to which parties might legally limit themselves in relation, for example, to the court\u2019s powers to distribute property on judicial separation or divorce.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Same-Sex_Marriage\"><\/span>Same-Sex Marriage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Formerly, the parties had to be of the opposite sex. The courts took the view both in Ireland and England that a person&#8217;s biological sex as registered at birth determined the position. However, the European Court of Human Rights held that the failure to acknowledge gender reassignment for legal purposes may be a breach of the right to privacy.<\/p>\n<p>The Irish High Court refused to recognise same-sex marriages entered under the laws of other jurisdictions. The European Court of Human Rights held that the right to marry guaranteed by the convention did not apply to same-sex couples.<\/p>\n<p>Civil partnership legislation enacted in Ireland in 2010 (the UK in 2004) provided a status which is in almost all respects, equivalent to that of marriage. However, it does not constitute marriage.<\/p>\n<p>Since 2015 &#8220;marriage may be contracted in accordance with law by two persons without distinction as to their sex.&#8221;<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Human_Rights_Protection\"><\/span>Human Rights Protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Constitution protects the institution of marriage.\u00a0 The right to marry is itself a personal, unspecified right, protected by Article 40.3. and has been recognised by the courts as such.\u00a0 The State has pledged itself to guard with care the institution of marriage on which the family is founded and to protect it against attack.<\/p>\n<p>See the section on constitutional law in relation to the manner in which this Article has been interpreted. In a number of cases, the courts have found that the State may not discriminate in its laws in such a way that an unmarried couple in an equivalent position is in a better position than a married couple in the same position.<\/p>\n<p>The right to marry is specifically protected by the European Convention on Human Rights. Men and women of marriageable age have the right to marry and found a family according to the national laws governing the exercise of the right. The right to marry may be regulated in accordance with national laws.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sham_Marriages\"><\/span>Sham Marriages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A marriage of convenience or sham marriage refers to marriages which are designed for an ulterior purpose, almost always the securing of residency rights within the State and\/or the European Union.\u00a0 Laws in relation to freedom of establishment and residence within the European Union are subject to limitation. The relevant rights are not enjoyed if they are acquired by fraudulent means.<\/p>\n<p>The Registrar may refuse to proceed with a marriage that he or she believes to be a marriage of convenience. However, if the marriage ceremony is completed, there is a valid marriage, at least until an order of nullity is made.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Forced_Marriage_Offence\"><\/span>Forced Marriage Offence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A\u00a0 person commits\u00a0 an offence if they use violence, threats, undue influence or any form of coercion or duress for the\u00a0 purpose of causing another person to enter into a marriage. It is also an offence to remove another person from the State with the intention that they will be forced into a ceremony of marriage.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Engagement\"><\/span>Engagement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At common law, an engagement or contact to marry was binding. An action for breach of promise could be taken if an engagement was broken. The right to take action was abolished in 1981, so the contracts to marry are no longer binding at law.<\/p>\n<p>The 1981 legislation makes provision in relation to the termination of engagements. Where wedding gifts are made to an engaged couple or to either of them, it\u2019s presumed that it was intended to be given to them as joint owners and is subject to the condition that it is to be returned to the donor if the marriage does not take place.<\/p>\n<p>Gifts between engaged couples, including engagement rings, are presumed to be conditional gifts. They should therefore be returned in the event that the engagement is terminated other than by reason of death. In this latter circumstance, the gift is presumed to be unconditional.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disputes_re_Engagement\"><\/span>Disputes re Engagement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Third parties may claim compensation for substantial expenditure incurred by them on behalf of an engaged party. Where a benefit is given by third party due to the engagement, the court may, on the application of the party, make an order for just and equitable compensation.<\/p>\n<p>The legislation also extends the summary form of property dispute resolution mechanism applicable between spouses to disputes between formerly engaged couples in relation to property. This does not give the spouse any beneficial ownership. It creates a simplified mechanism to resolve disputes on property law grounds. For example, assets may be held on trust as a result of contributions to the purchase price made by one or other party to the engagement, notwithstanding that he or she is not on the legal title to the property.<\/p>\n<p>An engaged person may spend monies or incur obligations in preparation for a wedding. Where the engagement is broken, one party may make an application to court for an order that appears to be just and equitable in the circumstances. Therefore, a fianc\u00e9 who incurred substantial expenditure for the benefit of the other fianc\u00e9 may seek a contribution from the other party.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Foreign_Marriages\"><\/span>Foreign Marriages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A marriage is usually valid if it is contracted in accordance with the formalities of the state where it takes place.\u00a0 Provided this is so, Irish law will recognise the marriage.<\/p>\n<p>Other issues, such as the capacity to marry, are determined by the law of the country in which the parties are domiciled. See our separate section on international conflict of law rules. Domicile refers to a person&#8217;s long-term home base.<\/p>\n<p>The Irish courts recognise foreign marriages, provided that they are valid in accordance with the place where the marriage takes place. This is a different issue to the capacity of the parties to marry, which is usually determined by the law of the parties\u2019 domicile.<\/p>\n<p>Prior to the mid-19th century, common-law marriage was recognised as valid. \u00a0This is a marriage entered by the exchange of vows. The courts have taken a liberal view in recognising common-law marriages contracted in other jurisdictions, even where there has been non-compliance with the laws of the place concerned. This has occurred in countries where law and order have broken down and it is impossible to produce formal records.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Age\"><\/span>Age<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Subject to exceptions, the parties to the marriage must be over 18 years of age. They must be of sound mind and have mental capacity. They must not be within certain forbidden degrees of relationship.<\/p>\n<p>Historically, the age for a valid marriage was significantly lower than 18, notwithstanding that the general age of the majority was 21. However, in line generally with other provisions as to the capacity, the age of capacity to marry is 18 years.<\/p>\n<p>There was provision by which an application may be made to the court to permit a marriage, notwithstanding that one or both parties were under 18 years. An exemption may be granted in exceptional circumstances if this was in the best interests of the party.<\/p>\n<p>The Domestic Violence Act 2018 removed the exemption for underage marriage. It also provided that there is no effect on the validity of marriages which have already taken place on the basis of a marriage exemption which was granted prior to commencement of the legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Divorce\"><\/span>Divorce<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not marry unless he is unmarried. \u00a0A person who has been divorced may remarry. A person divorced under the laws of another jurisdiction may only remarry if the divorce is recognised under Irish law.<\/p>\n<p>The conditions for recognition of foreign divorce were narrow during the period when divorce was constitutionally prohibited in Ireland.\u00a0 Since then, and also by reason of EU requirements, the grounds for recognition of a foreign divorce have broadened considerably.<\/p>\n<p>If a divorce is recognised in another jurisdiction, for example, on the basis of temporary residence, but not recognised in Ireland, then a remarriage may be valid in accordance with the laws of the foreign jurisdiction but not in accordance with the laws of Ireland.<\/p>\n<p>It is the criminal offence of bigamy for a person who is married to go through a ceremony of marriage. Parties who are already married may remarry by way of a further ceremony of marriage without committing bigamy. The crime of bigamy is rarely charged or prosecuted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibited_Relationship\"><\/span>Prohibited Relationship<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons may not marry those in certain degrees of blood relationship or relationship by marriage. Half and full-blood relatives and marital and non-marital relatives are included. An adoptive child is deemed related both to its natural family and adoptive parents.<\/p>\n<p>The prohibited degrees of relationship for marriage by consanguinity are: grandfather, mother, father&#8217;s sister, mother&#8217;s sister, sister, father&#8217;s daughter (half-sister), mother&#8217;s daughter, daughter, son&#8217;s daughter, daughter&#8217;s daughter, brother&#8217;s daughter, sister&#8217;s daughter. A woman may not marry corresponding relations.<\/p>\n<p>The prohibitions in relation to affinity by marriage are: grandfather&#8217;s wife, father&#8217;s wife, father&#8217;s brother or wife, mother&#8217;s brother&#8217;s wife, son&#8217;s wife, son&#8217;s son&#8217;s wife, daughter&#8217;s son&#8217;s wife, brother&#8217;s son&#8217;s wife, sister&#8217;s son&#8217;s wife, wife&#8217;s grandmother, wife&#8217;s mother, wife&#8217;s father&#8217;s sister, wife&#8217;s mother&#8217;s sister, wife&#8217;s daughters, stepdaughter, wife&#8217;s son&#8217;s daughter, wife&#8217;s daughter&#8217;s daughter, wife&#8217;s brother&#8217;s daughter, wife&#8217;s sister&#8217;s daughter. The prohibitions for the female partner are broadly similar.<\/p>\n<p>In the case of civil partnership, the prohibited degrees for males are: grandfather, grandfather&#8217;s brother, father, father&#8217;s brother, mother&#8217;s brother, brother&#8217;s nephew&#8217;s son, grandson, and grandnephew. For a woman, the equivalent provisions apply in respect of female relations.<\/p>\n<p>The Irish High Court has struck down as unconstitutional legislation which prohibited marriage to the sibling of a deceased spouse. It was found to be an unnecessary restriction on the constitutional right to marry.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declaration_of_Validity\"><\/span>Declaration of Validity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have the power to make a declaration relating to the validity of a marriage. They may declare whether at a particular time, a foreign divorce, annulment, or legal separation is recognised or not.<\/p>\n<p><!--nextpage--><\/p>\n<h2>MARRIAGE ACT 2015<\/h2>\n<p>An Act to amend the Civil Registration Act 2004 to remove the impediment to marriage of the parties being of the same sex; to repeal certain provisions of Part 7A of that Act relating to registration of civil partnerships; to make provision in relation to religious bodies; to provide for the recognition of marriages under the law of a place other than the State; to amend the Succession Act 1965 , the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and the Gender Recognition Act 2015 ; to amend other enactments and to provide for matters connected therewith.<\/p>\n<p>[29 th October, 2015]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<h4>Short title and commencement<\/h4>\n<p>1. (1) This Act may be cited as the Marriage Act 2015.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister may, after consultation with the Minister for Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.<\/p>\n<h4>Definitions<\/h4>\n<p>2. In this Act\u2014<\/p>\n<p>\u201cAct of 2004\u201d means the Civil Registration Act 2004 ;<\/p>\n<p>\u201cAct of 2010\u201d means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Equality.<\/p>\n<p>Expenses<\/p>\n<p>3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.<\/p>\n<p>PART 2<\/p>\n<h4>Impediments to Marriage<\/h4>\n<p>Amendment of section 2(2) of Act of 2004<\/p>\n<p>4. Section 2(2) of the Act of 2004 is amended by\u2014<\/p>\n<p>(a) the deletion of paragraph (e),<\/p>\n<p>(b) the substitution of the following paragraph for paragraph (f):<\/p>\n<p>\u201c(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or\u201d,<\/p>\n<p>and<\/p>\n<p>(c) the insertion of the following paragraph after paragraph (f) :<\/p>\n<p>\u201c(g) the marriage would be void by virtue of section 2A.\u201d.<\/p>\n<h4>Prohibited degrees of relationship<\/h4>\n<p>5. The Act of 2004 is amended by the insertion of the following section after section 2:<\/p>\n<p>\u201c2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.<\/p>\n<p>(2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void.\u201d.<\/p>\n<p>No impediment where subsisting civil partnership with each other<\/p>\n<p>6. The Act of 2004 is amended by the insertion of the following section after section 2A (inserted by section 5 ):<\/p>\n<p>\u201c2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.\u201d.<\/p>\n<p>PART 3<\/p>\n<h4>Religious Bodies<\/h4>\n<p>Religious bodies<\/p>\n<p>7. (1) Nothing in this Act or any other enactment shall be construed as obliging\u2014<\/p>\n<p>(a) a religious body to recognise a particular form of marriage ceremony for the purposes of section 51(3)(c) of the Act of 2004, or<\/p>\n<p>(b) a religious solemniser to solemnise a marriage in accordance with a form of marriage ceremony which is not recognised by the religious body of which the religious solemniser is a member.<\/p>\n<p>(2) In this section\u2014<\/p>\n<p>\u201cform of marriage ceremony\u201d includes that form in so far as it relates to the sex of the parties to the ceremony;<\/p>\n<p>\u201creligious body\u201d has the meaning assigned to it by section 45 of the Act of 2004;<\/p>\n<p>\u201creligious solemniser\u201d means a member of a religious body standing registered in the Register of Solemnisers maintained under section 53 of the Act of 2004.<\/p>\n<h2><\/h2>\n<h2><\/h2>\n<h2>FAMILY ACT 1995<\/h2>\n<p>PART IV<\/p>\n<h4>Declarations as to Marital Status<\/h4>\n<p>Declarations as to marital status.<\/p>\n<p>29.\u2014(1) The court may, on application to it in that behalf by either of the spouses concerned or by any other person who, in the opinion of the court, has a sufficient interest in the matter, by order make one or more of the following declarations in relation to a marriage, that is to say:<\/p>\n<p>(a) a declaration that the marriage was at its inception a valid marriage,<\/p>\n<p>(b) a declaration that the marriage subsisted on a date specified in the application,<\/p>\n<p>(c) a declaration that the marriage did not subsist on a date so specified, not being the date of the inception of the marriage,<\/p>\n<p>(d) a declaration that the validity of a divorce, annulment or legal separation obtained under the civil law of any other country or jurisdiction in respect of the marriage is entitled to recognition in the State,<\/p>\n<p>(e) a declaration that the validity of a divorce, annulment or legal separation so obtained in respect of the marriage is not entitled to recognition in the State.<\/p>\n<p>(2) The court may grant an order under subsection (1) if, but only if, either of the spouses concerned\u2014<\/p>\n<p>(a) is domiciled in the State on the date of the application,<\/p>\n<p>(b) has been ordinarily resident in the State throughout the period of one year ending on that date, or<\/p>\n<p>(c) died before that date and either\u2014<\/p>\n<p>(i) was at the time of death domiciled in the State, or<\/p>\n<p>(ii) had been ordinarily resident in the State throughout the period of one year ending on that date.<\/p>\n<p>(3) The other spouse or the spouses concerned or the personal representative of the spouse or each spouse, within the meaning of the Act of 1965, shall be joined in proceedings under this section.<\/p>\n<p>(4) The court may, at any stage of proceedings under this section of its own motion or on application to it in that behalf by a party thereto, order that notice of the proceedings be given to the Attorney General or any other person and that such documents relating to the proceedings as may be necessary for the purposes of his or her functions shall be given to the Attorney General.<\/p>\n<p>(5) The court shall, on application to it in that behalf by the Attorney General, order that he or she be added as a party to any proceedings under this section and, in any such proceedings, he or she shall, if so requested by the court, whether or not he or she is so added to the proceedings, argue any question arising in the proceedings specified by the court.<\/p>\n<p>(6) Where notice of proceedings under this section is given to a person (other than the Attorney General), the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.<\/p>\n<p>(7) Where a party to proceedings under this section alleges that the marriage concerned is or was void, or that it is voidable, and should be annulled, the court may treat the application under subsection (1) as an application for a decree of nullity of marriage and may forthwith proceed to determine the matter accordingly and may postpone the determination of the application under subsection (1).<\/p>\n<p>(8) A declaration under this section shall be binding on the parties to the proceedings concerned and on any person claiming through such a party and, if the Attorney General is a party to the proceedings, the declaration shall also be binding on the State.<\/p>\n<p>(9) A declaration under this section shall not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.<\/p>\n<p>(10) Where proceedings under this section, and proceedings in another jurisdiction, in relation to the same marriage have been instituted but have not been finally determined, the court may stay the first-mentioned proceedings until the other proceedings have been finally determined.<\/p>\n<p>F41[(11) In this section a reference to a spouse includes a reference to a person who is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F41<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(k), commenced as per s. 1(2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nApplication of subs. (4) restricted (1.09.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 7(c), in effect as per reg. 1(2).<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 6) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(c) sections 29 and 39(1) of the Family Law Act 1995 (No. 26 of 1995);<\/p>\n<p>&#8230;<\/p>\n<p>C5<br \/>\nApplication of section restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 7, in effect as per reg. 1.<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 7) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(c) sections 29 and 39(1) of the Family Law Act 1995,<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious affecting provision: application of section restricted (23.10.2001) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001), reg. 3; revoked (1.03.2005) by European Communities (judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 11, in effect as per reg. 1(2).<\/p>\n<h4>Provisions supplementary to section 29.<\/h4>\n<p>30.\u2014(1) Rules of court may make provision as to the information to be given in an application under section 29 (1) including particulars of any previous or pending proceedings in relation to any marriage concerned or to the matrimonial status of a party to any such marriage.<\/p>\n<p>(2) The court may make such order (if any) as it considers just for the payment of all or part of any costs incurred by the Attorney General in proceedings under this section by other parties to the proceedings.<\/p>\n<p>(3) Without prejudice to the law governing the recognition of decrees of divorce granted by courts outside the State, a declaration under section 29 conflicting with a previous final judgment or decree of a court of competent jurisdiction of a country or jurisdiction other than the State shall not be made unless the judgment or decree was obtained by fraud or collusion.<\/p>\n<p>(4) Notification of a declaration under section 29 (other than a declaration relating to a legal separation) shall be given by the registrar of the court to an tArd Chl\u00e1raitheoir.<\/p>\n<p>PART V<\/p>\n<p>Marriage<\/p>\n<h4>Age of marriage.<\/h4>\n<p>31.\u2014(1) (a) (i) A marriage solemnised, after the commencement of this section, between persons either of whom is under the age of 18 years shall not be valid in law.<\/p>\n<p>(ii) Subparagraph (i) applies to any marriage solemnised\u2014<\/p>\n<p>(I) in the State, irrespective of where the spouses or either of them are or is ordinarily resident, or<\/p>\n<p>(II) outside the State, if at the time of the solemnisation of the marriage, the spouses or either of them are or is ordinarily resident in the State.<\/p>\n<p>(b) F42[\u2026]<\/p>\n<p>(c) The requirement in relation to marriage arising by virtue of paragraph (a) is hereby declared to be a substantive requirement for marriage.<\/p>\n<p>(2) Any person to whom application is made in relation to the solemnisation of an intended marriage may, if he or she so thinks fit, request the production of evidence of age with respect to either or both of the parties concerned.<\/p>\n<p>(3) Where a request is made under subsection (2)\u2014<\/p>\n<p>(a) refusal or failure to comply with the request shall be a proper reason for refusal of the application concerned, and<\/p>\n<p>(b) if the request is complied with and the evidence shows that either or both of the parties is or are under the age of 18 years, the application shall be refused.<\/p>\n<p>(4) Where a person knowingly\u2014<\/p>\n<p>(a) solemnises or permits the solemnisation of a marriage which, consequent on the provisions of this section, is not valid in law, or<\/p>\n<p>(b) is a party to such a marriage,<\/p>\n<p>the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nDeleted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(1)(d), S.I. No. 532 of 2018, subject to transitional provisions in subss. (2), (3).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nValidity of certain marriages confirmed (5.05.1997) by Family Law (Miscellaneous Provisions) Act 1997 (18\/1997), s. 3(2), commenced on enactment.<\/p>\n<p>Validity in law of certain marriages.<\/p>\n<p>3. \u2014 &#8230;<\/p>\n<p>(2) Where, in relation to a marriage, exemption from section 31 (1) (a) or 32 (1) (a) of the Act of 1995, or both of those provisions, was granted, before the passing of this Act, by a judge of the Circuit Family Court who, in relation to the application concerned, was not the appropriate judge having regard to section 38 (4) of the Act of 1995, the marriage shall be and shall be deemed always to have been valid in law if it would have been so valid if the exemption aforesaid had been granted by the judge who, in relation to the application, was the appropriate judge having regard to the said section 38 (4).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nA fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class D fine, not greater than \u20ac1,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.<\/p>\n<p>E32<br \/>\nParty to proposed marriage being under 18 and absence of exemption from the application of subs. (1)(a) stated to be an impediment to marriage for purposes of Civil Registration Act 2004 (3\/2004) (5.12.2005) by Civil Registration Act 2004 (3\/2004), s. 2(2)(c), S.I. No. 764 of 2005.<\/p>\n<p>Notification of intention to marry.<\/p>\n<p>32.\u2014F43[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nRepealed (5.11.2007) by Civil Registration Act 2004 (3\/2004), s. 4 and sch. 2, S.I. No. 736 of 2007, subject to transitional provisions in ss. 5, 46(9), 47(3) and 48(4)(a)(i).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nPrevious affecting provision: subs. (5) substituted and subs. (6) inserted (1.08.1996) by Family Law (Miscellaneous Provisions) Act 1997 (18\/1997), s. 2(1), commenced as per s. 2(3).<\/p>\n<p>E34<br \/>\nPrevious affecting provision: validity of marriages not meeting requirements of section confirmed (5.05.1997) by Family Law (Miscellaneous Provisions) Act 1997 (18\/1997), s. 3, commenced on enactment.<\/p>\n<p>Exemption of certain marriages from sections 31 (1) and 32 (1).<\/p>\n<p>33.\u2014(1) F44[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nRepealed (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(1)(e), S.I. No. 532 of 2018, subject to transitional provisions in subss. (2), (3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E35<br \/>\nParty to proposed marriage being under 18 and absence of exemption under section stated to be an impediment to marriage for purposes of Civil Registration Act 2004 (3\/2004) (5.12.2005) by Civil Registration Act 2004 (3\/2004), s. 2(2)(c), S.I. No. 764 of 2005.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: subs. (1) amended (5.11.2007) by Civil Registration Act 2004 (3\/2004), s. 4 and sch. 2, S.I. No. 736 of 2007, subject to transitional provisions in ss. 5 and 47(3).<\/p>\n<p>E37<br \/>\nPrevious affecting provision: application of section affected (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. No. 544 of 2004, as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 5, S.I. No. 5 of 2014; section repealed as per F-note above.<\/p>\n<h4>Abolition of right to petition for jactitation of marriage.<\/h4>\n<p>34.\u2014No person shall after the commencement of this Act be entitled to petition a court for jactitation of marriage.<\/p>\n<p>&nbsp;<\/p>\n<h2>DECEASED WIFE&#8217;S SISTER&#8217;S MARRIAGE ACT 1907<\/h2>\n<p>CHAPTER XLVII.<\/p>\n<p>An Act to amend the Law relating to Marriage with a Deceased Wife\u2019s Sister. [28th August 1907.]<\/p>\n<p>Be it enacted by the King\u2019s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:<\/p>\n<h4>Marriage with a deceased wife\u2019s sister not to be deemed void as a civil contract except in certain cases.<\/h4>\n<p>1. No marriage heretofore or hereafter contracted between a man and his deceased wife\u2019s sister, within the realm or without, shall be deemed to have been or shall be void or voidable, as a civil contract, by reason only of such affinity: Provided always that no clergyman in holy orders of the Church of England shall be liable to any suit, penalty, or censure, whether civil or ecclesiastical, for anything done or omitted to be done by him in the performance of the duties of his office to which suit, penalty, or censure he would not have been liable if this Act had not been passed.<\/p>\n<p>Provided also that when any minister of any church or chapel of the Church of England shall refuse to perform such marriage service between any persons who, but for such refusal, would be entitled to have the same service performed in such church or chapel, such minister may permit any other clergyman in holy orders in the Church of England, entitled to officiate within the diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel.<\/p>\n<p>Provided also that in case, before the passing of this Act, any such marriage shall have been annulled, or either party thereto (after the marriage and during the life of the other) shall have lawfully married another, it shall be deemed to have become and to be void upon and after the day upon which it was so annulled, or upon which either party thereto lawfully married another as aforesaid.<\/p>\n<h4>Saving of existing rights and interests.<\/h4>\n<p>2. No right, title, estate or interest, whether in possession or expectancy, and whether vested or contingent at the time of the passing of this Act, existing in, to, or in respect of, any dignity, title of honour, or property, and no act or thing lawfully done or omitted before the passing of this Act shall be prejudicially affected nor shall any will be deemed to have been revoked by reason of any marriage heretofore contracted as aforesaid being made valid by this Act. And no claim by the Crown for duties leviable on or with reference to death, and before the passing of this Act due and payable, and no payment, commutation, composition, discharge, or settlement of account in respect of any duties leviable on or with reference to death before the passing of this Act duly made or given, shall be prejudicially affected by anything herein contained.<\/p>\n<p>Nothing in this Act shall affect the devolution or distribution of the real or personal estate of any intestate, not being a party to the marriage, who at the time of the passing of this Act shall be, and shall until his death continue to be, a lunatic, so found by inquisition.<\/p>\n<p>Saving for 20 &amp; 21 Vict. c. 85. s. 27.<\/p>\n<p>3.\u2014(1) Nothing in this Act shall remove wives\u2019 sisters from the class of persons adultery with whom constitutes a right, on the part of wives, to sue for divorce under the Matrimonial Causes Act, 1857.<\/p>\n<p>(2) Notwithstanding anything contained in this Act or the Matrimonial Causes Act, 1857, it shall not be lawful for a man to marry the sister of his divorced wife, or of his wife by whom he has been divorced, during the lifetime of such wife.<\/p>\n<p>Liability of clergyman to ecclesiastical censure.<\/p>\n<p>4. Nothing in this Act shall relieve a clergyman in holy orders of the Church of England from any ecclesiastical censure, to which he would have been liable if this Act had not been passed, by reason of his having contracted or hereafter contracting a marriage with his deceased wife\u2019s sister.<\/p>\n<p>Interpretation.<\/p>\n<p>5. In this Act the word \u201csister\u201d shall include a sister of the half-blood.<\/p>\n<p>Short title.<\/p>\n<p>6. This Act may be cited as the Deceased Wife\u2019s Sister\u2019s Marriage Act, 1907.<\/p>\n<h2>DECEASED BROTHER&#8217;S WIDOW&#8217;S MARRIAGE ACT 1921<\/h2>\n<p>CHAPTER XXIV.<\/p>\n<p>An Act to amend the Law relating to marriage with a deceased brother\u2019s widow. [28th July 1921.]<\/p>\n<p>Be it enacted by the King\u2019s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:\u2014<\/p>\n<h4>Marriage with a deceased brother\u2019s widow not to be void as a civil contract except in certain cases.<\/h4>\n<p>7 Edw. 7. c. 47.<\/p>\n<p>1.\u2014(1) Section one of the Deceased Wife\u2019s Sister\u2019s Marriage Act, 1907, shall be read and construed as if after the words \u201cdeceased wife\u2019s sister,\u201d where they occur in such section, there were inserted \u201cor between a man and his deceased brother\u2019s widow.\u201d<\/p>\n<p>(2) Section three of the said Act shall be read and construed as though\u2014<\/p>\n<p>(a) in subsection (1) thereof, after the words \u201cwives\u2019 sisters,\u201d there were inserted the words \u201cor husbands\u2019 brothers\u2019 wives\u201d; and<\/p>\n<p>(b) in subsection (2) thereof, at the end, there were inserted the words \u201cor the divorced wife of his brother, or the wife of his brother who has divorced his brother, during the lifetime of such brother.\u201d<\/p>\n<p>(3) Section four of the said Act shall be read and construed as if at the end thereof there were inserted the words \u201cor his deceased brother\u2019s widow.\u201d<\/p>\n<p>(4) Section five of the said Act shall be read and construed as though at the end thereof there were inserted the words \u201cand the word \u2018brother\u2019 shall include a brother of the half blood.\u201d<\/p>\n<p>The said Act as amended by this Act shall, so far as it relates to marriages between a man and his deceased brother\u2019s widow, have effect as though it had been passed at the date of the passing of this Act.<\/p>\n<p>Short title.<\/p>\n<p>2. This Act may be cited as the Deceased Brother\u2019s Widow\u2019s Marriage Act, 1921, and this Act and the Deceased Wife\u2019s Sister\u2019s Marriage Act, 1907, may be cited together as the Marriage (Prohibited Degrees of Relationship) Acts, 1907 and 1921.<\/p>\n<p>&nbsp;<\/p>\n<h2>FAMILY LAW ACT, 1988<\/h2>\n<p>ARRANGEMENT OF SECTIONS<\/p>\n<p>Section<\/p>\n<p>1.<\/p>\n<p>Abolition of proceedings for restitution of conjugal rights.<\/p>\n<p>2.<\/p>\n<p>Short title.<\/p>\n<p>&nbsp;<\/p>\n<h2>FAMILY LAW ACT, 1988<\/h2>\n<p>AN ACT TO ABOLISH PROCEEDINGS FOR RESTITUTION OF CONJUGAL RIGHTS. [23rd November, 1988]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Abolition of proceedings for restitution of conjugal rights.<\/h4>\n<p>1.\u2014After the passing of this Act, no person shall be entitled to institute proceedings for restitution of conjugal rights.<\/p>\n<p>Short title.<\/p>\n<p>2.\u2014This Act may be cited as the Family Law Act, 1988.<\/p>\n<p>&nbsp;<\/p>\n<h2>CIVIL REGISTRATION ACT<\/h2>\n<p>PART 6<\/p>\n<h4>Amendment of Law Relating to Marriages<\/h4>\n<p>Section 45<\/p>\n<h4>Definitions (Part 6).<\/h4>\n<p>45.\u2014In this Part\u2014<\/p>\n<p>F156[&#8220;body&#8221; means the Executive, a religious body or a secular body;]<\/p>\n<p>\u201cmarriage registration form\u201d means a form prescribed under section 48;<\/p>\n<p>F157[&#8220;place that is open to the public&#8221; has the meaning given by section 51(2A);]<\/p>\n<p>\u201cthe register\u201d means the register of marriages and cognate words shall be construed accordingly;<\/p>\n<p>\u201cthe Register\u201d means the register maintained under section 53 and cognate words shall be construed accordingly;<\/p>\n<p>\u201cregistered solemniser\u201d means a person standing registered in the Register;<\/p>\n<p>\u201creligious body\u201d means an organised group of people members of which meet regularly for common religious F158[worship;]<\/p>\n<p>F159[&#8220;secular body&#8221; shall be construed in accordance with section 45A.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F156<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 2(a), S.I. No. 16 of 2013.<\/p>\n<p>F157<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 14, S.I. No. 357 of 2015.<\/p>\n<p>F158<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 2(b), S.I. No. 16 of 2013.<\/p>\n<p>F159<br \/>\nInserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 2(c), S.I. No. 16 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E73<br \/>\nPrevious affecting provision: section amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 17, S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>Section 45A<br \/>\nF160[<\/p>\n<h4>Secular body<\/h4>\n<p>45A.\u2014 (1) For the purposes of this Part, a body shall, subject to subsection (2), be a secular body if it is an organised group of people and\u2014<\/p>\n<p>(a) it has not fewer than 50 members,<\/p>\n<p>(b) its principal objects are secular, ethical and humanist,<\/p>\n<p>(c) members of the body meet regularly in relation to their beliefs and in furtherance of the objects referred to in paragraph (b),<\/p>\n<p>(d) it does not have any rules regarding marriage or the solemnisation of marriages that contravene the requirements of this Act or any other enactment or rule of law,<\/p>\n<p>(e) it is shown to the satisfaction of an tArd-Chl\u00e1raitheoir to be a body that has appropriate procedures in writing for selecting, training and accrediting members as fit and proper persons to solemnise marriages,<\/p>\n<p>(f) it is a body that, on the date of its making of an application under section 54 or 57, has been in existence for a continuous period of not less than 5 years,<\/p>\n<p>(g) it is a body\u2014<\/p>\n<p>(i) that is entitled to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997, and was so entitled for a continuous period of not less than five years immediately preceding the date of the body\u2019s most recent application under section 54 or 57, and<\/p>\n<p>(ii) in respect of which\u2014<\/p>\n<p>(I) a number (commonly referred to as a CHY number) stands issued by the Revenue Commissioners for the purposes of that exemption, and<\/p>\n<p>(II) that number stood issued for a continuous period of not less than 5 years immediately preceding the date of its most recent application under section 54 or 57,<\/p>\n<p>(h) it is a body that does not have the making of profit as one of its principal objects, and<\/p>\n<p>(i) it maintains a register of its members.<\/p>\n<p>(2) None of the following is a secular body for the purposes of this Part:<\/p>\n<p>(a) a political party, or a body that promotes a political party or candidate;<\/p>\n<p>(b) a body that promotes a political cause;<\/p>\n<p>(c) an approved body of persons within the meaning of section 235 of the Taxes Consolidation Act 1997;<\/p>\n<p>(d) a trade union or a representative body of employers;<\/p>\n<p>(e) a chamber of commerce;<\/p>\n<p>(f) a body that promotes purposes that are\u2014<\/p>\n<p>(i) unlawful,<\/p>\n<p>(ii) contrary to public morality,<\/p>\n<p>(iii) contrary to public policy,<\/p>\n<p>(iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or<\/p>\n<p>(v) for the benefit of an organisation membership of which is unlawful.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F160<br \/>\nInserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 3, S.I. No. 16 of 2013.<\/p>\n<p>Section 46<\/p>\n<h4>Notification of marriages.<\/h4>\n<p>46.\u2014(1) A marriage solemnised in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned\u2014<\/p>\n<p>F161[(a) (i) notify any registrar in writing in a form for the time being standing approved by an tArd-Chl\u00e1raitheoir of their intention to marry\u2014<\/p>\n<p>(I) not less than 3 months prior to the date on which the marriage is to be solemnised, or<\/p>\n<p>(II) at any time prior to the date on which the marriage is to be solemnised where the parties to the intended marriage are parties to a subsisting civil partnership with each other and have previously either complied with section 59B(1) (a) in respect of that civil partnership or been exempted from such compliance by order of the Circuit Court or the High Court under section 59B(2),<\/p>\n<p>or<\/p>\n<p>(ii) are granted an exemption from the application of subparagraph (i) (I) under section 47 and give a copy of the court order granting the exemption to any registrar before the date aforesaid,]<\/p>\n<p>and<\/p>\n<p>(b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or such lesser number of days as may be determined by that registrar) before the date aforesaid and make and sign a declaration in his or her presence that there is no impediment to the said marriage.<\/p>\n<p>(2) Except in such circumstances as may be prescribed, a notification referred to in subsection (1)(a)(i) shall be delivered by both of the parties to the intended marriage, in person, to the registrar.<\/p>\n<p>(3) F164[A notification or a copy of a court order referred to in subsection (1)(a)] shall be accompanied by the prescribed fee and such (if any) other documents and information as may be specified by an tArd-Chl\u00e1raitheoir.<\/p>\n<p>F162[(3A) Where one or each of the persons notifying the registrar under this section is a foreign national, the notification or copy of the court order shall be accompanied by such documents and information as may be specified by an tArd-Chl\u00e1raitheoir regarding the immigration status of the foreign national concerned or any other matter relating to that foreign national referred to at section 58(4C).]<\/p>\n<p>(4) The requirements specified in subsections (1) and (2) are declared to be substantive requirements for marriage.<\/p>\n<p>(5) When, in relation to an intended marriage, a registrar receives a notification under, or a copy of a court order referred to in, subsection (1) (a) and any other documents or information specified in subsection (3), he or she shall notify in writing of the receipt each of the parties to the intended marriage and the person who is intended to solemnise the marriage.<\/p>\n<p>(6) A notification under subsection (5) shall not be construed as indicating the approval of the registrar concerned of the proposed marriage concerned.<\/p>\n<p>(7) The registrar concerned may require each party to an intended marriage to provide him or her with such evidence relating to that party&#8217;s forename, surname, address, F163[civil status], age and nationality as may be specified by an tArd-Chl\u00e1raitheoir.<\/p>\n<p>(8) An tArd-Chl\u00e1raitheoir may, if so authorised by the Minister, publish, in such form and manner as the Minister may direct, notice of notifications of intended marriages under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended marriage concerned.<\/p>\n<p>(9) Where, in relation to a marriage solemnised after the commencement of this section, the appropriate notification under section 32(1)(a)(i) of the Family Law Act 1995 was duly given in compliance with that provision on a date before such commencement, the notification shall be deemed to be a notification under subsection (1)(a)(i) duly given in compliance with that provision on that date and the parties to the marriage shall be deemed, for the purposes of this Act, to have complied with subsections (1)(a)(i), (2) and (3).<\/p>\n<p>(10) Where, in relation to a marriage solemnised after the commencement of this section, the parties concerned attended on a date before such commencement at the office of a registrar, or at another convenient place specified by a registrar, and there made and signed a declaration in his or her presence that there is no impediment to the said marriage, the declaration shall be deemed to be a declaration under subsection (1)(b) duly made and signed in compliance with that provision on that date and the parties to the marriage shall be deemed, for those purposes, to have complied with subsection (1)(b).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F161<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 9, S.I. No. 504 of 2015.<\/p>\n<p>F162<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 15(b), S.I. No. 357 of 2015.<\/p>\n<p>F163<br \/>\nSubstituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 14, S.I. No. 648 of 2010.<\/p>\n<p>F164<br \/>\nSubstituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 15(a), S.I. No. 550 of 2020.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E74<br \/>\nPower pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.<\/p>\n<p>E75<br \/>\nPower pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), in effect as per reg. 1(2).<\/p>\n<p>E76<br \/>\nPrevious affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.<\/p>\n<p>E77<br \/>\nPrevious affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.<\/p>\n<p>E78<br \/>\nPrevious affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.<\/p>\n<p>E79<br \/>\nPrevious affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.<\/p>\n<p>E80<br \/>\nPrevious affecting provision: power pursuant to section exercised (5.11.2007) by Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), reg. 6, in effect as per reg. 1(2).<\/p>\n<p>E81<br \/>\nPrevious affecting provision: power pursuant to subs. (3) exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.<\/p>\n<p>Section 47<\/p>\n<h4>Exemption of certain marriages from section 46(1)(a)(i).<\/h4>\n<p>47.\u2014(1) The Circuit Family Court or the High Court may, on application to it in that behalf by both of the parties to an intended marriage, by order exempt the marriage from the application of section 46(1)(a)(i).<\/p>\n<p>(2) The following provisions shall apply in relation to an application under subsection (1)\u2014<\/p>\n<p>(a) it may be made informally,<\/p>\n<p>(b) it may be heard and determined otherwise than in public,<\/p>\n<p>(c) a court fee shall not be charged in respect of it, and<\/p>\n<p>(d) it shall not be granted unless the applicants show that its grant is justified by serious reasons and is in their interests.<\/p>\n<p>(3) Where, in relation to a marriage solemnised after the commencement of this section, an order was made under section 33 of the Family Law Act 1995 on a date before such commencement exempting the marriage from the application of section 32(1)(a) of that Act, the order shall be deemed, for the purposes of this Act, to be an order made on that date under subsection (1) exempting the marriage from the application of paragraph (a)(i) of section 46(1) and to have been given to a registrar, and the parties to the marriage shall be deemed, for those purposes, to have complied with subparagraph (ii) of that paragraph.<\/p>\n<p>(4) The jurisdiction conferred on the Circuit Family Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned is intended to be solemnised is situate.<\/p>\n<p>Section 48<\/p>\n<h4>Marriage registration form.<\/h4>\n<p>48.\u2014(1) Where, in relation to an intended marriage\u2014<\/p>\n<p>(a) a registrar to whom the notification concerned under, or a copy of the court order concerned referred to in, section 46 was given is satisfied that section 46 has been complied with, or<\/p>\n<p>(b) a registrar is satisfied that\u2014<\/p>\n<p>(i) by virtue of subsection (9) of section 46, subsections (1)(a)(i), (2) and (3) of that section are deemed to have been complied with, or<\/p>\n<p>(ii) by virtue of section 47(3), section 46(1)(a)(ii), is deemed to have been complied with,<\/p>\n<p>and section 46 has been, or is deemed to have been, complied with in all other respects, or<\/p>\n<p>(c) a registrar is satisfied that, by virtue of subsection (10) of section 46, subsection (1)(b) of that section is deemed to have been complied with, and section 46 has been, or is deemed to have been, complied with in all other respects,<\/p>\n<p>he or she shall complete a marriage registration form in relation to the intended marriage.<\/p>\n<p>(2) In the case of an intended marriage, the registrar aforesaid shall, before the solemnisation of the marriage, give a marriage registration form completed in accordance with subsection (1) to one of the parties to the marriage.<\/p>\n<p>(3) A marriage shall not be solemnised unless one of the parties to the marriage has given the relevant marriage registration form to the person solemnising the marriage, for examination by him or her.<\/p>\n<p>(4) Where a marriage has not been solemnised within the period of 6 months from the date specified in the relevant marriage registration form, but is intended to be solemnised, the parties thereto shall\u2014<\/p>\n<p>(a) submit to a registrar, as may be appropriate\u2014<\/p>\n<p>(i) if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 46(1)(a)(i), another such notification or, if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 32(1)(a)(i) of the Family Law Act 1995, a notification in relation to the marriage pursuant to section 46(1)(a)(i), or<\/p>\n<p>(ii) another copy of the relevant order under section 47 or, if an order in relation to the marriage was previously made under section 33 of the Family Law Act 1995, a copy of the order,<\/p>\n<p>and<\/p>\n<p>(b) shall comply with paragraph (b) of section 46(1),<\/p>\n<p>and, upon compliance by the parties with paragraphs (a) and (b), the registrar shall give to one of them another marriage registration form completed by him or her in accordance with subsection (1).<\/p>\n<p>(5) A form, which shall be known as, and is referred to in this Part, as a marriage registration form, may be prescribed for the purposes of this Part.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E82<br \/>\nPower pursuant to section exercised (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), in effect as per reg. 1(2).<\/p>\n<p>E83<br \/>\nPrevious affecting provision: power pursuant to section exercised (5.11.2007) by Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), reg. 3, in effect as per reg. 1(2).<\/p>\n<p>Section 49<\/p>\n<h4>Registration of marriages.<\/h4>\n<p>49.\u2014(1) Immediately after the solemnisation of a marriage, the marriage registration form relating to the marriage shall be signed by\u2014<\/p>\n<p>(a) each of the parties to the marriage,<\/p>\n<p>(b) two witnesses to the solemnisation of the marriage, and<\/p>\n<p>(c) the person who solemnised the marriage.<\/p>\n<p>(2) Either of the parties to a marriage shall give to a registrar, within one month from the date of the marriage, the marriage registration form duly completed in accordance with subsection (1).<\/p>\n<p>(3) A registrar shall, as soon as practicable after he or she receives a marriage registration form under subsection (2), enter the particulars in relation to the marriage concerned specified in the form in the register and register the marriage in such manner as an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(4) Subject to subsection (5), a registrar shall not register a marriage if he or she has not received the relevant marriage registration form.<\/p>\n<p>(5) Where an tArd-Chl\u00e1raitheoir is satisfied that the marriage registration form relating to a duly solemnised marriage has been lost, destroyed or damaged, he or she may direct the appropriate registrar\u2014<\/p>\n<p>(a) to complete another marriage registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and<\/p>\n<p>(b) when it has been so signed, to enter the particulars in relation to the marriage specified in the form in the register and to register the marriage in such manner as he or she may direct.<\/p>\n<p>(6) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.<\/p>\n<p>(7) Where an tArd-Chl\u00e1raitheoir is satisfied that an entry in the register relates to a marriage\u2014<\/p>\n<p>(a) (i) that was not exempted under section 33 of the Family Law Act 1995 from the application of section 32(1)(a) of that Act, and<\/p>\n<p>(ii) in relation to which the said section 32(1)(a) was contravened,<\/p>\n<p>(b) (i) that was not exempted under section 47 from the application of section 46(1)(a)(i), and<\/p>\n<p>(ii) in relation to which section 46(1)(a)(i) was contravened,<\/p>\n<p>or<\/p>\n<p>(c) in relation to which section 46(1)(b) was not complied with,<\/p>\n<p>he or she\u2014<\/p>\n<p>(d) shall direct a registrar to cancel the entry and the direction shall be complied with, and<\/p>\n<p>(e) shall notify the parties concerned of the direction.<\/p>\n<p>(8) Where, in relation to a marriage solemnised in accordance with the rites and ceremonies of the Roman Catholic Church after the commencement of this section, a certificate under section 11 of the Registration of Marriages (Ireland) Act 1863 was procured by a party to the marriage before such commencement, the certificate shall be deemed, for the purposes of this section, to be a marriage registration form duly completed in accordance with subsection (1) and that section shall be deemed, for those purposes, to have been complied with.<\/p>\n<p>(9) Where, in relation to a marriage to which section 11 of the Registration of Marriages (Ireland) Act 1863 applies and which was solemnised before the commencement of this section\u2014<\/p>\n<p>(a) the said section 11 was not complied with, and<\/p>\n<p>(b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,<\/p>\n<p>the said section 11 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>(10) Where, in relation to a marriage to which section 22 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 applies and which was solemnised before the commencement of this section\u2014<\/p>\n<p>(a) the said section 22 was not complied with, and<\/p>\n<p>(b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,<\/p>\n<p>the said section 22 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chl\u00e1raitheoir may direct.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E84<br \/>\nPower pursuant to section exercised (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), in effect as per reg. 1(2).<\/p>\n<p>E85<br \/>\nPrevious affecting provision: power pursuant to section exercised (5.11.2007) by Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), reg. 7, in effect as per reg. 1(2).<\/p>\n<p>Section 50<\/p>\n<h4>Non-receipt of marriage registration form by registrar.<\/h4>\n<p>50.\u2014(1) Where, upon the expiration of 56 days from the date specified in the relevant marriage registration form on which a marriage is intended to be solemnised, the registrar by whom the form was issued has not received the completed marriage registration form, he or she may serve on either of the parties to the marriage a notice, in a form standing approved by an tArd-Chl\u00e1raitheoir, requiring that party to give, or cause to be given, to him or her, not later than 14 days from the date of the notice, the first-mentioned form duly completed.<\/p>\n<p>(2) If a person fails to comply with a requirement made on him or her under subsection (1), the registrar concerned may serve on him or her a notice, in a form standing approved by an tArd-Chl\u00e1raitheoir, requiring the person to attend on a date (not being less than 14 days from the date of the notice) specified in the notice at the office of the registrar or at any other convenient place specified in the notice and to give to him or her at that time or not later than 14 days from that date the relevant completed marriage registration form.<\/p>\n<p>Section 51<\/p>\n<h4>Solemnisation of marriages.<\/h4>\n<p>51.\u2014(1) A marriage may be solemnised by, and only by, a registered solemniser.<\/p>\n<p>(2) A registered solemniser shall not solemnise a marriage unless\u2014<\/p>\n<p>(a) both parties to the marriage are present,<\/p>\n<p>(b) two persons professing to be 18 years or over are present as witnesses,<\/p>\n<p>F165[ (c) the solemnisation takes place in a place that is open to the public, unless an tArd-Chl\u00e1raitheoir or a superintendent registrar\u2014<\/p>\n<p>(i) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the persons to be married is too ill to attend at a place that is open to the public, and<\/p>\n<p>(ii) gives approval to the solemniser to the solemnisation taking place at another place\u2014<\/p>\n<p>(I) chosen by the persons to be married, and<\/p>\n<p>(II) agreed to by the solemniser.]<\/p>\n<p>(d) he or she is satisfied that the parties to the marriage understand the nature of the marriage ceremony and the declarations specified in subsection (4).<\/p>\n<p>F166[(2A) In subsection (2) &#8220;place that is open to the public&#8221; means\u2014<\/p>\n<p>(a) a building that is open to the public, or<\/p>\n<p>(b) a courtyard, garden, yard, field or piece of ground that is open to the public and lying near to and usually enjoyed with the building referred to in paragraph (a).]<\/p>\n<p>(3) A registered solemniser shall not solemnise a marriage except in accordance with a form of ceremony which\u2014<\/p>\n<p>(a) has been approved by an tArd-Chl\u00e1raitheoir,<\/p>\n<p>(b) includes and is in no way inconsistent with the declarations specified in subsection (4), and<\/p>\n<p>(c) in the case of a registered solemniser who is not a registrar, is recognised by F167[the religious body or the secular body, as the case may be,] of which he or she is a member.<\/p>\n<p>(4) The declarations referred to in subsection (3) are\u2014<\/p>\n<p>(a) a declaration by the parties to the marriage in the presence of\u2014<\/p>\n<p>(i) each other,<\/p>\n<p>(ii) the registered solemniser who is solemnising the marriage, and<\/p>\n<p>(iii) the two witnesses to the solemnisation,<\/p>\n<p>to the effect that he or she does not know of any impediment to the marriage, and<\/p>\n<p>(b) a F168[declaration by each of the parties to the marriage] in the presence of\u2014<\/p>\n<p>(i) each other,<\/p>\n<p>(ii) the registered solemniser who is solemnising the marriage, and<\/p>\n<p>(iii) the two witnesses to the solemnisation,<\/p>\n<p>F168[to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be].<\/p>\n<p>(5) The requirements specified in subsections (1) to (3) are declared to be substantive requirements for marriage.<\/p>\n<p>(6) (a) If a person, being one of the parties to a marriage, the registered solemniser concerned or one of the witnesses to the solemnisation, does not have a sufficient knowledge of the language of the ceremony to understand the ceremony and that language, the parties to the marriage shall arrange for the translation during the ceremony of the words of the ceremony into a language known to the person by an interpreter (not being a party or a witness to the marriage) present at the ceremony.<\/p>\n<p>(b) An interpreter who is present at a marriage ceremony pursuant to paragraph (a) shall\u2014<\/p>\n<p>(i) before the ceremony, sign, in the presence of the registered solemniser, a statement to the effect that the interpreter understands, and is able to converse in, any language in respect of which he or she is to act as interpreter at the ceremony, and give the statement to the registered solemniser, and<\/p>\n<p>(ii) immediately after the ceremony, give the registered solemniser a certificate written in the language used by the registered solemniser at the ceremony and signed by the interpreter in the presence of the registered solemniser to the effect that the interpreter has faithfully acted as interpreter at the ceremony.<\/p>\n<p>F168[(7) The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when each of them has made a declaration in the presence of the other, the registered solemniser and the two witnesses that each of them accepts the other as a husband, a wife or a spouse, as the case may be.]<\/p>\n<p>(8) This section shall have effect notwithstanding any statutory provision that conflicts with it.<\/p>\n<p>(9) A declaration specified in paragraph (a) of subsection (4) may be made at any time before the declaration under paragraph (b) of that subsection is made, not being a time earlier than 2 days before the day on which the latter declaration is made.<\/p>\n<p>(10) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F165<br \/>\nSubstituted (5.11.2007) by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 5 item 1, S.I. No. 735 of 2007.<\/p>\n<p>F166<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 16, S.I. No. 357 of 2015.<\/p>\n<p>F167<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 4, S.I. No. 16 of 2013.<\/p>\n<p>F168<br \/>\nSubstituted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 21, S.I. No. 504 of 2015.<\/p>\n<p>Section 52<\/p>\n<h4>Places and times for the solemnisation of marriages.<\/h4>\n<p>52.\u2014(1) Notwithstanding any statutory provision that conflicts with this subsection, a marriage may be solemnised only at a place and time chosen by the parties to the marriage with the agreement of the registered solemniser concerned and (if the registered solemniser is a registrar and the place chosen is not the office of a registrar) the approval of the place by F169[the Executive], and the question whether to give or withhold such an approval shall be determined by F169[the Executive] by reference to such matters as may be specified by the Minister.<\/p>\n<p>(2) (a) Where a registrar who is a registered solemniser solemnises a marriage at a place other than the office of a registrar, a fee of such amount as F169[the Executive] may determine shall be paid by the parties to the marriage to the registrar.<\/p>\n<p>(b) Where travel or subsistence expenses are incurred by a registrar who is a registered solemniser in connection with the solemnisation of a marriage by him or her at a place other than his or her office, an amount in respect of the expenses, calculated by reference to a scale drawn up by F169[the Executive], shall be paid to the registrar by the parties to the marriage.<\/p>\n<p>(c) An amount payable under paragraph (a) or (b) may be recovered by the registrar concerned from the parties to the marriage concerned as a simple contract debt in any court of competent jurisdiction.<\/p>\n<p>F170[(2A) In this section a reference to a place means a place that is open to the public.]<\/p>\n<p>(3) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.<\/p>\n<p>F171[(4) Subsection (1) does not apply in respect of a marriage solemnised in the circumstances described in subparagraph (i) and (ii) of section 51(2)(c).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F169<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 18, S.I. No. 887 of 2004.<\/p>\n<p>F170<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 17, S.I. No. 357 of 2015.<\/p>\n<p>F171<br \/>\nInserted (5.11.2007) by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 5 item 2, S.I. No. 735 of 2007.<\/p>\n<p>Section 53<\/p>\n<h4>Register of Solemnisers.<\/h4>\n<p>53.\u2014(1) An tArd-Chl\u00e1raitheoir shall establish and maintain a register (which shall be known as the Register of Solemnisers and is referred to in this Part as \u201cthe Register\u201d) of persons empowered, by virtue of their registration in the Register, to solemnise marriages.<\/p>\n<p>(2) The Register shall be open to inspection by members of the public at all reasonable times.<\/p>\n<p>(3) An tArd-Chl\u00e1raitheoir shall, subject to subsection (4), register a person in respect of whom an application is made under section 54.<\/p>\n<p>(4) An tArd-Chl\u00e1raitheoir shall refuse to register a person if he or she considers that\u2014<\/p>\n<p>(a) the body concerned (not being F172[the Executive]) is not F173[a religious body or a secular body],<\/p>\n<p>(b) the form of marriage ceremony used by the body concerned does not include both of the declarations specified in section 51(4) or is inconsistent with either of them,<\/p>\n<p>(c) the form of marriage ceremony used by the body concerned has not been approved by an tArd-Chl\u00e1raitheoir, or<\/p>\n<p>(d) the person is not a fit and proper person to solemnise a marriage.<\/p>\n<p>(5) It shall be the duty of the body on the application of whom a person is registered in the Register to notify an tArd-Chl\u00e1raitheoir as soon as practicable of\u2014<\/p>\n<p>(a) the death, resignation or retirement of the person from the office by virtue of which he or she became so registered, or<\/p>\n<p>(b) any change in the information provided in the application, and an tArd-Chl\u00e1raitheoir shall make such amendments of the Register as he or she considers necessary.<\/p>\n<p>(6) An entry in the Register shall be in such form and contain such particulars as an tArd-Chl\u00e1raitheoir may determine.<\/p>\n<p>(7) The Minister may provide by regulations for the correction of errors in entries in the Register by causing corrected entries to be entered in the Register and the original entries to be maintained in the Register.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F172<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 19, S.I. No. 887 of 2004.<\/p>\n<p>F173<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 5, S.I. No. 16 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E86<br \/>\nPower pursuant to section exercised (5.11.2007) by Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007), in effect as per reg. 1(2).<\/p>\n<p>Section 54<\/p>\n<h4>Application by bodies for registration of persons.<\/h4>\n<p>54.\u2014F174[ (1) A body may apply to an tArd-Chl\u00e1raitheoir\u2014<\/p>\n<p>(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more,<\/p>\n<p>(b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more, and<\/p>\n<p>(c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more.]<\/p>\n<p>(2) An application under subsection (1) shall be in such form and contain particulars in relation to such matters as an tArd-Chl\u00e1raitheoir may determine.<\/p>\n<p>F175[(2A) An application to which subsection (1)(c) applies shall be accompanied by a certificate\u2014<\/p>\n<p>(a) in such form and containing such particulars as may be determined by an tArd-Chl\u00e1raitheoir, and<\/p>\n<p>(b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.<\/p>\n<p>(2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chl\u00e1raitheoir with such additional information as he or she may request within such period as may be specified in the request.]<\/p>\n<p>(3) Where one or more members of F176[a religious body or a secular body] stand registered in the Register, the body shall not make a further application under subsection (1) unless it is satisfied that there is a need for a larger number of its members to be so registered.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F174<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 6(a), S.I. No. 16 of 2013.<\/p>\n<p>F175<br \/>\nInserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 6(b), S.I. No. 16 of 2013.<\/p>\n<p>F176<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 6(c), S.I. No. 16 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E87<br \/>\nSubs. (2)(a) is substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 20, S.I. No. 887 of 2004. The amendment cannot be implemented because there is no para. (a) in subs. (2). The substituted provision is now represented in subs. (1)(a) in identical terms.<\/p>\n<p>Section 55<\/p>\n<h4>Cancellation of registration.<\/h4>\n<p>55.\u2014(1) An tArd-Chl\u00e1raitheoir may cancel the registration of a person on the ground that\u2014<\/p>\n<p>(a) the person or the body concerned has requested him or her to cancel it,<\/p>\n<p>F177[(aa) the body concerned (not being the Executive) has ceased to be a religious body or a secular body,]<\/p>\n<p>(b) the marriage ceremony used by the body no longer includes both of the declarations specified in section 51(4) or is inconsistent with one or both of them,<\/p>\n<p>(c) the person\u2014<\/p>\n<p>(i) has, while registered, been convicted of an offence under this Act,<\/p>\n<p>(ii) for the purpose of profit or gain has carried on a business of solemnising marriages,<\/p>\n<p>(iii) is not a fit and proper person to solemnise marriages, or<\/p>\n<p>(iv) for any other reason, should not continue to be registered.<\/p>\n<p>(2) Where an tArd-Chl\u00e1raitheoir intends to cancel the registration of a person on a ground mentioned in subsection (1)(c), he or she shall, give notice in writing of his or her intention to the person and the body concerned and shall specify the ground in the notice and the notice shall, if practicable, be of at least 21 days.<\/p>\n<p>(3) After a person receives a notice under subsection (2), he or she shall not solemnise a marriage unless\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir notifies the person that he or she has decided not to cancel the registration, or<\/p>\n<p>(b) the Minister notifies the person that an appeal under section 56(2) in respect of his or her registration has been successful,<\/p>\n<p>and, where an tArd-Chl\u00e1raitheoir gives a notification pursuant to paragraph (a), he or she shall also notify the body concerned of his or her decision.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F177<br \/>\nInserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 7, S.I. No. 16 of 2013.<\/p>\n<p>Section 56<\/p>\n<h4>Appeals against refusals or cancellations of registration.<\/h4>\n<p>56.\u2014(1) If an tArd-Chl\u00e1raitheoir refuses to register a person named in an application by a body under section 54(1)\u2014<\/p>\n<p>(a) an tArd-Chl\u00e1raitheoir shall notify the person and the body, by notice in writing, of the refusal and of his or her reasons for the refusal, and<\/p>\n<p>(b) the person or the body or both of them may appeal against the refusal to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.<\/p>\n<p>(2) If an tArd-Chl\u00e1raitheoir cancels the registration of a person under section 55\u2014<\/p>\n<p>(a) he or she shall notify the person and the body concerned, by notice in writing, of the cancellation and of his or her reasons for the cancellation, and<\/p>\n<p>(b) the person or the body or both of them may appeal against the cancellation to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.<\/p>\n<p>(3) On an appeal under this section, the Minister shall receive and consider such submissions as the parties to the appeal may make to him or her, either orally or in writing, as the Minister may determine.<\/p>\n<p>(4) On an appeal under this section, the Minister shall\u2014<\/p>\n<p>(a) notify the person and the body concerned of his or her decision,<\/p>\n<p>(b) give an tArd-Chl\u00e1raitheoir such directions (if any) as he or she considers appropriate.<\/p>\n<p>(5) (a) If the Minister dismisses an appeal under this section solely on the ground that the body concerned (not being F178[the Executive]) is not or has F179[ceased to be a religious body or a secular body], the body may appeal against the dismissal to the Circuit Court.<\/p>\n<p>(b) If the Minister dismisses an appeal under this section on any other ground, a party to the appeal may appeal against the dismissal on a point of law to the Circuit Court.<\/p>\n<p>(c) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised\u2014<\/p>\n<p>F179[(i) in case the appeal is by the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office,<\/p>\n<p>(ii) in case the appeal is by a person (other than the Executive, a religious body or a secular body), by a judge of the Circuit Court assigned to the circuit in which the person ordinarily resides or carries on any profession, business or occupation,<\/p>\n<p>(iii) in case the appeal is by a person (other than the Executive, a religious body or a secular body) and the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F178<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 21(a), S.I. No. 887 of 2004.<\/p>\n<p>F179<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 8, S.I. No. 16 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E88<br \/>\nPrevious affecting provision: subs. (5)(i)-(iii) amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 21(b)-(d), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>Section 57<\/p>\n<h4>Temporary authorisation to solemnise marriage.<\/h4>\n<p>57.\u2014(1) An tArd-Chl\u00e1raitheoir may, on application in writing to him or her by F180[a religious body or a secular body, grant to a member of the religious body or the secular body] named in the application who is aged 18 years or more a temporary authorisation to solemnise\u2014<\/p>\n<p>(a) one or more marriages specified in the authorisation, or<\/p>\n<p>(b) marriages during a specified period so specified.<\/p>\n<p>(2) An application under subsection (1) shall be in such form and contain such particulars as an tArd-Chl\u00e1raitheoir may determine.<\/p>\n<p>F181[(2A) An application under subsection (1) made by a secular body shall be accompanied by a certificate\u2014<\/p>\n<p>(a) in such form and containing such particulars as may be determined by an tArd-Chl\u00e1raitheoir, and<\/p>\n<p>(b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.<\/p>\n<p>(2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chl\u00e1raitheoir with such additional information as he or she may request within such period as may be specified in the request.]<\/p>\n<p>(3) An authorisation under this section may be made subject to such conditions as are specified therein.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F180<br \/>\nSubstituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 9(a), S.I. No. 16 of 2013.<\/p>\n<p>F181<br \/>\nInserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48\/2012), s. 9(b), S.I. No. 16 of 2013.<\/p>\n<p>Section 58<\/p>\n<h4>Objections.<\/h4>\n<p>58.\u2014(1) A person may at any time before the solemnisation of a marriage lodge an objection in writing with any registrar and the objection shall state the reasons for the objection.<\/p>\n<p>F182[(2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section\u2014<\/p>\n<p>(a) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,<\/p>\n<p>(b) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection,]<\/p>\n<p>(c) the registrar who receives the direction shall comply with it, and<\/p>\n<p>(d) references in F183[subsections (3) to (4C) and (6) to (8)] to the registrar who receives an objection shall be construed as references to the registrar who receives the direction aforesaid, and this section shall apply and have effect accordingly.<\/p>\n<p>(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the intended marriage of the objection,<\/p>\n<p>(b) make such enquiries as he or she thinks fit,<\/p>\n<p>(c) if the marriage registration form has been given to one of those parties, request its return to the registrar and correct it and the notification and make any necessary corrections to any other records relating to the marriage, and<\/p>\n<p>(d) give the corrected marriage registration form to one of the parties to the marriage.<\/p>\n<p>(4) If the registrar who receives an objection under subsection (1) believes that more than a minor error or misdescription exists in the relevant notification under section 46 and that the possibility of the existence of an impediment to the intended marriage concerned needs to be investigated, he or she shall refer the objection to an tArd-Chl\u00e1raitheoir for consideration and, pending the decision of an tArd-Chl\u00e1raitheoir, he or she shall\u2014<\/p>\n<p>(a) notify the parties to the intended marriage that\u2014<\/p>\n<p>(i) an objection has been lodged and of the grounds on which it is based,<\/p>\n<p>(ii) the objection is being investigated,<\/p>\n<p>(iii) the solemnisation of the marriage will not proceed until the investigation is completed,<\/p>\n<p>(b) if the relevant marriage registration form has not been issued, suspend its issue,<\/p>\n<p>(c) if the marriage registration form has been issued, request the party to the marriage to whom it was given to return it to the registrar,<\/p>\n<p>F184[(cc) in relation to the forming of an opinion under subsection (4A), notify and furnish copies of all information and documents relating to the relevant notification of the intended marriage under this Part to, the Minister for Justice and Equality,]<\/p>\n<p>(d) notify the solemniser of the marriage that an objection is being investigated, and<\/p>\n<p>(e) direct him or her not to solemnise the marriage until the investigation is completed, and the solemniser shall comply with the direction.<\/p>\n<p>F185[(4A) A registrar who\u2014<\/p>\n<p>(a) in the performance of his or her functions under this Part forms the opinion that an intended marriage would constitute a marriage of convenience, or<\/p>\n<p>(b) receives under subsection (1) an objection the stated reason for which is that the intended marriage would constitute a marriage of convenience, and forms the opinion that grounds for the objection possibly exist and need to be investigated,<\/p>\n<p>shall refer the matter to the Superintendent Registrar of the registration area where the registrar who formed the opinion is assigned, for a decision and in that case and for that purpose, this section shall apply and have effect according to\u2014<\/p>\n<p>(i) the modification that a reference to receipt of an objection under subsection (1) includes a reference to an opinion under paragraph (a),<\/p>\n<p>(ii) the modification that references in this section to an tArd-Chl\u00e1raitheoir shall be construed as references to the Superintendent Registrar concerned, and<\/p>\n<p>(iii) any other necessary modifications.<\/p>\n<p>(4B) The registrar shall furnish his or her written report of the reasons for the forming of his or her opinion under subsection (4A) when referring the matter to the Superintendent Registrar under subsection (4A).<\/p>\n<p>(4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:<\/p>\n<p>(a) if the parties to the intended marriage speak a common language;<\/p>\n<p>(b) the period prior to the relevant notification of the intended marriage under this Part during which the parties to the intended marriage are known to each other;<\/p>\n<p>(c) the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage under this Part;<\/p>\n<p>(d) if the parties to the intended marriage have lived together in the past or if they currently live together;<\/p>\n<p>(e) the extent to which each party to the intended marriage is familiar with the personal details of the other party;<\/p>\n<p>(f) the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;<\/p>\n<p>(g) the immigration status of one or each of the parties to the intended marriage who is a foreign national;<\/p>\n<p>(h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;<\/p>\n<p>(i) if the one or each of the parties to the intended marriage has previously been the subject of an objection under subsection (1), an opinion formed under subsection (4A) or an objection under section 59F(1) or an opinion formed under section 59F(4A);<\/p>\n<p>(j) any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience.]<\/p>\n<p>(5) Where an objection is referred to an tArd-Chl\u00e1raitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.<\/p>\n<p>F186[(5A) In deciding if an impediment exists to an intended marriage the subject of a referral under subsection (4A), the Superintendent Registrar shall consider\u2014<\/p>\n<p>(a) the report furnished to him or her under subsection (4B), and<\/p>\n<p>(b) the matters referred to in paragraphs (a) to (j) of subsection (4C).]<\/p>\n<p>(6) In a case referred to in subsection (4), if an tArd-Chl\u00e1raitheoir decides that no impediment to the intended marriage concerned exists, he or she shall advise the registrar concerned to that effect and the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the marriage that no impediment to the marriage exists,<\/p>\n<p>(b) issue or re-issue the marriage registration form to one of those parties,<\/p>\n<p>(c) notify the person who lodged the objection that no impediment to the marriage exists.<\/p>\n<p>(7) In a case referred to in subsection (4), if an tArd-Chl\u00e1raitheoir decides that there is an impediment to the intended marriage, he or she shall advise the registrar concerned to that effect and of the reasons for the decision and the registrar shall\u2014<\/p>\n<p>(a) notify the parties to the marriage\u2014<\/p>\n<p>(i) that the solemnisation of the marriage will not proceed, and<\/p>\n<p>(ii) of the decision of an tArd-Chl\u00e1raitheoir and of the reasons therefor,<\/p>\n<p>and<\/p>\n<p>(b) take all reasonable steps to ensure that the solemnisation does not proceed.<\/p>\n<p>F187[(7A) Where a Superintendent Registrar decides under subsection (7), in a case referred to him or her under subsection (4A) that a marriage would constitute a marriage of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality.]<\/p>\n<p>(8) If, notwithstanding the steps taken by the registrar concerned pursuant to subsection (7)(b), the marriage concerned is solemnised, the marriage shall not be registered.<\/p>\n<p>(9) (a) F188[Subject to subsection (12), a party] to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chl\u00e1raitheoir in relation to the marriage under subsection (7).<\/p>\n<p>(b) The jurisdiction conferred on the Circuit Family Court by paragraph (a) may be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned had been intended to be solemnised is situated.<\/p>\n<p>(10) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chl\u00e1raitheoir may, if he or she considers it appropriate to do so, investigate, or complete his or her investigation of, the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.<\/p>\n<p>F189[(11) An objection on the ground that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to consent to the marriage shall be accompanied by\u2014<\/p>\n<p>(a) a copy of a declaration by the Circuit Court under section 37(1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make a decision to consent to being married,<\/p>\n<p>(b) a copy of a declaration by the Circuit Court under section 37(1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being married is a decision which falls within that class of decisions, or<\/p>\n<p>(c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed marriage to make a decision to consent to being married.<\/p>\n<p>(12) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (9) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (11).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F182<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 6 part 26 item 22, S.I. No. 887 of 2004.<\/p>\n<p>F183<br \/>\nSubstituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 18(a), S.I. No. 357 of 2015.<\/p>\n<p>F184<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 18(b), S.I. No. 357 of 2015.<\/p>\n<p>F185<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 18(c), S.I. No. 357 of 2015.<\/p>\n<p>F186<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 18(d), S.I. No. 357 of 2015.<\/p>\n<p>F187<br \/>\nInserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 18(e), S.I. No. 357 of 2015.<\/p>\n<p>F188<br \/>\nSubstituted (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64\/2015), s. 143(c)(i), S.I. Nos. 192, 193 of 2023.<\/p>\n<p>F189<br \/>\nSubstituted and inserted (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64\/2015), s. 143(c)(ii), S.I. Nos. 192, 193 of 2023.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C16<br \/>\nReference in subs. (11) to \u201cregistered medical practitioner\u201d construed (3.07.2008) by Medical Practitioners Act 2007 (25\/2007), s. 108(1), S.I. No. 231 of 2008.<\/p>\n<p>Construction of references to registered medical practitioner and Medical Council, etc.<\/p>\n<p>108.\u2014 (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.<\/p>\n<p>&#8230;<\/p>\n<p>Section 58A<br \/>\nF190[<\/p>\n<h4>Marriage ceremonies performed at certain embassies or diplomatic missions<\/h4>\n<p>58A. (1) This section applies to a marriage which was solemnised, before the commencement of this section, in an embassy or diplomatic mission in the State.<\/p>\n<p>(2) A marriage to which this section applies, subject to subsection (3), shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been solemnised in the State in compliance with this Act.<\/p>\n<p>(3) This section shall not operate to validate a marriage to which this section applies where\u2014<\/p>\n<p>(a) an impediment to the marriage existed on the date that the marriage was solemnised,<\/p>\n<p>(b) the parties to the marriage have obtained a decree of divorce or a decree of nullity in respect of the marriage, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,<\/p>\n<p>(c) a party to the marriage has entered into a later marriage or civil partnership with another person, or<\/p>\n<p>(d) the parties to the marriage have entered into a later marriage with each other.<\/p>\n<p>(4) A registrar who receives an application in that behalf from both parties, or the surviving party to the marriage to which this section applies in writing in a form for the time being standing approved by an tArd-Chl\u00e1raitheoir, on being satisfied that this section operates to validate the marriage concerned and on production to him or her of the following information and particulars may enter the particulars of the marriage concerned in the register and register the marriage in such manner as an tArd-Chl\u00e1raitheor may direct:<\/p>\n<p>(a) evidence of identity;<\/p>\n<p>(b) if appropriate, evidence of death of one of the parties to the marriage;<\/p>\n<p>(c) evidence that the marriage was solemnised in an embassy or diplomatic mission in the State prior to the commencement of this section together with, where required by the registrar, a document duly authenticated which purports to be a translation thereof;<\/p>\n<p>(d) the signatures of both parties or the surviving party to the marriage.<\/p>\n<p>(5) Nothing in the application of this section to a marriage which was solemnised, before the commencement of the section, in an embassy or diplomatic mission in the State\u2014<\/p>\n<p>(a) gives or affects any entitlement to an interest\u2014<\/p>\n<p>(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or<\/p>\n<p>(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),<\/p>\n<p>or<\/p>\n<p>(b) gives or affects any entitlement to a benefit, allowance, pension or other payment\u2014<\/p>\n<p>(i) payable before, or in respect of a period before the commencement of this section, or<\/p>\n<p>(ii) payable in respect of the death of a person before that commencement,<\/p>\n<p>or<\/p>\n<p>(c) affects tax in respect of a period or event before the commencement of this section.<\/p>\n<p>(6) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.<\/p>\n<p>(7) This section shall not apply to a marriage which is solemnised on or after the date of commencement of this section, in an embassy or diplomatic mission in the State.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F190<br \/>\nInserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34\/2014), s. 19(1), S.I. No. 550 of 2020, subject to transitional provision in subs. (2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E89<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>PART 7<\/p>\n<p>Registration of Decrees of Divorce and Decrees of Nullity<\/p>\n<p>Section 59<\/p>\n<h4>Registration of decrees of divorce and decrees of nullity.<\/h4>\n<p>59.\u2014(1) When a court grants a decree of divorce, an officer of the Courts Service authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of divorce the particulars in relation to the matter specified in Part 6 of the First Schedule.<\/p>\n<p>(2) When a court grants a decree of nullity F191[of marriage], an officer of the Courts Service, authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity F191[of marriage] the particulars in relation to the matter specified in Part 7 of the First Schedule.<\/p>\n<p>(3) An officer of the Courts Service, authorised in that behalf by the Courts Service, may amend or cancel or cause to be amended or cancelled an entry in a register referred to in subsection (1) or (2).<\/p>\n<p>(4) The Courts Service shall notify an tArd-Chl\u00e1raitheoir of an amendment or cancellation under subsection (3).<\/p>\n<p>(5) This section shall have effect notwithstanding any statutory provision that conflicts with it.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F191<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 15, S.I. No. 648 of 2010.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11474\" data-postid=\"11474\" class=\"themify_builder_content themify_builder_content-11474 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Common Law Marriage at common law is the union of one man and one woman to the exclusion of all others for life. The legal formalities for marriage must be followed. The marriage must be voluntarily contracted. The institution of marriage is protected by the Constitution. The courts had rejected attempts to recognise same-sex marriage. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[106],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11474"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11474"}],"version-history":[{"count":23,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11474\/revisions"}],"predecessor-version":[{"id":35614,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11474\/revisions\/35614"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11474"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11474"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}