CHAPTER 50 - MARRIAGE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Marriage Districts (Division) Order

Marriage (Procedure) Rules

Marriage (Forms and Fees) Rules

MARRIAGE DISTRICTS (DIVISION) ORDER

[Section 3]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Districts for purposes of Act

[Order by the Prime Minister]

1.   Title

This Order may be cited as the Marriage Districts (Division) Order.

2.   Districts for purposes of Act

The Republic is hereby divided for the purposes of the Act into districts the names and boundaries of which shall be identical with the names and boundaries of the administrative districts of the Republic as set out in the Second Schedule to the Provinces and Districts (Division) Order.

MARRIAGE (PROCEDURE) RULES

[Section 46]

Arrangement of Rules

   Rule

   1.   Title

   2.   Marriages contracted before Registrar

   3.   Preliminaries to celebration of marriage

   4.   Procedure

   5.   Special cases

   6.   No religious service to be used

      SCHEDULE

[Rules by the Minister]

GN 45 of 1951.

1.   Title

These Rules may be cited as the Marriage (Procedure) Rules.

2.   Marriages contracted before Registrar

Marriages contracted before a Registrar by virtue of the provisions of section 26 of the Act shall be in accordance with the procedure set out in the Schedule.

3.   Preliminaries to celebration of marriage

Prior to the celebration of the marriage, the Registrar shall inspect the certificate of licence and shall point out to the parties that the place in which they are met has been duly sanctioned for the celebration of marriages according to law. He shall insist upon the seemly behaviour of the parties and witnesses as befitting the importance of the occasion.

4.   Procedure

The Registrar shall himself recite the declaration and the form of contracting words, in order that the parties may repeat them, and he shall insist upon the parties repeating the words in a serious and proper manner and with as distinct an enunciation of the words as possible. The full import of the declaratory and contracting words and the penalty for any falsity therein shall be clearly explained to the parties by the Registrar whenever the parties appear to be either ignorant or careless in that respect.

5.   Special cases

In the case of deaf and dumb persons, they shall be requested to bring with them an interpreter who understands the language of the deaf and dumb; otherwise the words of declaration and contract shall be written out and signed by the parties in token of their assent.

6.   No religious service to be used

The Registrar shall not allow any religious service whatever to be used at the celebration of a marriage in his office. For the purposes of this rule the giving and receiving of a ring shall not be deemed to constitute a religious ceremony.

SCHEDULE

[Rule 2]

PROCEDURE FOR MARRIAGES CONTRACTED BEFORE A REGISTRAR

Each of the parties must, in the presence of the Registrar and the witnesses, declare as follows—

"I do solemnly declare that I know not of any lawful impediment why I (naming himself or herself) may not be joined in matrimony to (naming the other party)."

And each of the parties must also say to the other—

"I call upon these persons here present to witness that I (naming himself or herself) do take thee (naming the other party) to be my lawful wedded (wife or husband)."

MARRIAGE (FORMS AND FEES) RULES

[Section 46]

Arrangement of Rules

   Rule

   1.   Title

   2.   Notice of intended marriage

   3.   Attestation

   4.   Certificate

   5.   Licence

   6.   Marriage certificate

   7.   Marriage register

   8.   Affidavit

   9.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Minister]

Act 13 of 1994,

GN 73 of 1918,

GN 95 of 1918,

GN 144 of 1926,

GN 216 of 1945,

GN 189 of 1949,

GN 199 of 1953,

GN 316 of 1964,

GN 497 of 1964,

SI 72 of 1964,

SI 282 of 1967,

SI 77 of 1982,

SI 180 of 1987,

SI 63 of 1994,

SI 31 of 1996,

SI 98 of 1996.

1.   Title

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.