Civil Registration Act 2004

Marriage registration form.

48

48.—(1) Where, in relation to an intended marriage—

( 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

( b) a registrar is satisfied that—

(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

(ii) by virtue of section 47(3), section 46(1)(a)(ii) , is deemed to have been complied with,

and section 46 has been, or is deemed to have been, complied with in all other respects, or

( 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,

he or she shall complete a marriage registration form in relation to the intended marriage.

(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.

(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.

(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—

( a) submit to a registrar, as may be appropriate—

(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

(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,

and

( b) shall comply with paragraph (b) of section 46(1) ,

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).

(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.

Annotations:

Editorial Notes:

E63

Power 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).

E64

Previous 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).