Civil Registration Act 2004

Exemption of certain marriages from section 46(1)(a)(i) .

47

47.—(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) .

(2) The following provisions shall apply in relation to an application under subsection (1)

( a) it may be made informally,

( b) it may be heard and determined otherwise than in public,

( c) a court fee shall not be charged in respect of it, and

( d) it shall not be granted unless the applicants show that its grant is justified by serious reasons and is in their interests.

(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.

(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.