CHAPTER 50
MARRIAGE ACT

Arrangement of Sections

   Section

PART I
GENERAL

   1.   Short title

   2.   Interpretation

   3.   Marriage districts

   4.   Appointment of Registrar-General and Registrars

   5.   Licensing of places of public worship

PART II
PRELIMINARIES TO MARRIAGE

   6.   Notice of intended marriage

   7.   Signature of notice

   8.   Forms of notice to be supplied

   9.   Entry in notice book and publication of notice

   10.   Issue of certificate

   11.   Marriage to take place within three months of date of notice

   12.   Issue of special licence

   13.   Entry of caveat

   14.   Procedure on entry of caveat

   15.   Cancellation (or otherwise) of caveat

   16.   Costs of proceedings

PART III
CONSENT TO MARRIAGE IN CERTAIN CASES NECESSARY

   17.   When consent to marriage is necessary

   18.   Signature to consent and attestation

   19.   Consent in case of refusal or absence of parent or guardian

PART IV
SOLEMNISATION OF MARRIAGE

   20.   Solemnisation of marriage by Ministers

   21.   Registrar's certificate or special licence to be provided to Minister

   22.   Marriage in licensed building

   23.   Marriage books

   24.   Completion of marriage certificate

   25.   Attestation of marriage certificate

   26.   Marriage before Registrar

   27.   Issue of marriage certificate by Registrar

   28.   Marriage in building other than licensed building or Registrar's office

PART V
REGISTRY AND EVIDENCE OF MARRIAGES

   29.   Registration of marriages by Registrar-General

   30.   Correction in Register of clerical errors

   31.   Certificate of marriage to be evidence

   32.   Invalid marriages

   33.   Void marriage

   34.   Marriage under African customary law

PART VI
VALIDATION OF MARRIAGES ALREADY SOLEMNISED

   35.   Marriages already solemnised in Zambia

   36.   Records and evidence of such marriages

   37.   Costs of transmission of records, etc

PART VII
OFFENCES AND PENALTIES

   38.   Contracting marriage under this Act when married in African customary law or contracting marriage in African customary law when married under this Act

   39.   Accomplices

   40.   False declarations, etc.

   41.   False pretences in connection with consent to marriage

   42.   Illegal performance of ceremony

   43.   Failure to fill up and transmit certificates

   44.   Personation

   45.   False representation

PART VIII
MISCELLANEOUS

   46.   Rules

   47.   Ministers may receive fees

   48.   Notice when solemnisation intended in United Kingdom

   49.   Validation of certain marriages

AN ACT

to provide for the solemnisation of marriages; to provide for the validation of marriages already solemnised; and to provide for matters incidental to or connected with the foregoing.

[1st October, 1918]

Act 10 of 1918,

Act 27 of 1930,

Act 11 of 1937,

Act 31 of 1941,

Act 35 of 1947,

Act 12 of 1949,

Act 36 of 1950,

Act 48 of 1953,

Act 6 of 1955,

Act 48 of 1963,

Act 57 of 1964,

Act 20 of 1966,

Act 21 of 1969,

Act 493 of 1964,

Act 497 of 1964,

Act 13 of 1994,

Act 13 of 2023,

GN 316 of 1964,

SI 72 of 1964.

PART I
GENERAL

1. Short title

This Act may be cited as the Marriage Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"child"  has the meaning assigned to the word in the Constitution;

[Ins by s 2 of Act 13 of 2023.]

"district"  means a marriage district constituted under section 3;

"licensed minister"  means any minister appointed under sub-section (2) of section 5 to solemnise marriages in Zambia;

"Registrar"  means a Registrar of Marriages appointed under section 4 and any person lawfully acting as such;

"Registrar-General"  includes the Registrar-General of Marriages, the Deputy Registrar-General of Marriages and any person lawfully acting as the Registrar-General of Marriages or the Deputy Registrar-General of Marriages;

"special licence"  means a special licence granted under section 12.

[S 2 am by Act 11 of 1937, 48 of 1953; GN 316 of 1964.]

3. Marriage districts

The Minister may, by statutory notice, divide Zambia into districts for the purposes of this Act and may, by like notice, from time to time alter such districts, either by change of boundaries or by union or subdivision of districts or by the formation of new districts.

[S 3 am by GN 316 of 1964.]

4. Appointment of Registrar-General and Registrars

The Minister may from time to time appoint a Registrar-General of Marriages for Zambia and Registrars of Marriages for any marriage district; and may also from time to time appoint a Deputy Registrar-General of Marriages, an Assistant Registrar-General of Marriages and Deputy Registrars of Marriages for any marriage district. The Assistant Registrar-General of Marriages and the Deputy Registrar of Marriages for any marriage district shall, in the absence or during the illness or incapacity of the Registrar-General or of the Registrar or Registrars of any marriage district respectively, have and exercise all the powers conferred by this Act upon the Registrar- General and the Registrars respectively.

[S 4 am by Act 27 of 1930; 31 of 1941; 48 of 1953; GN 316 of 1964; SI 72 of 1964.]

5. Licensing of places of public worship

   (1) The Minister may, by Gazette notice, license any place of public worship to be a place for the solemnisation of marriages and may at any time, by like notice, cancel such licence.

   (2) The Minister may, by Gazette notice, appoint any minister of any church or religious body to solemnise marriages in Zambia and may at any time, by like notice, cancel such appointment.