Civil Registration Act 2004

Solemnisation of marriages.

51

51.—(1) A marriage may be solemnised by, and only by, a registered solemniser.

(2) A registered solemniser shall not solemnise a marriage unless—

( a) both parties to the marriage are present,

( b) two persons professing to be 18 years or over are present as witnesses,

F153 [ ( c ) the solemnisation takes place in a place that is open to the public, unless an tArd-Chl á raitheoir or a superintendent registrar

(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

(ii) gives approval to the solemniser to the solemnisation taking place at another place

(I) chosen by the persons to be married, and

(II) agreed to by the solemniser. ]

( 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).

F154 [ (2A) In subsection (2) place that is open to the public means

(a) a building that is open to the public, or

(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) . ]

(3) A registered solemniser shall not solemnise a marriage except in accordance with a form of ceremony which—

( a) has been approved by an tArd-Chláraitheoir,

( b) includes and is in no way inconsistent with the declarations specified in subsection (4), and

( c) in the case of a registered solemniser who is not a registrar, is recognised by F155 [ the religious body or the secular body, as the case may be, ] of which he or she is a member.

(4) The declarations referred to in subsection (3) are—

( a) a declaration by the parties to the marriage in the presence of—

(i) each other,

(ii) the registered solemniser who is solemnising the marriage, and

(iii) the two witnesses to the solemnisation,

to the effect that he or she does not know of any impediment to the marriage, and

( b) a F156 [ declaration by each of the parties to the marriage ] in the presence of—

(i) each other,

(ii) the registered solemniser who is solemnising the marriage, and

(iii) the two witnesses to the solemnisation,

F156 [ to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be ].

(5) The requirements specified in subsections (1) to (3) are declared to be substantive requirements for marriage.

(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.

  ( b) An interpreter who is present at a marriage ceremony pursuant to paragraph (a) shall—

(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

(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.

F156 [ (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. ]

(8) This section shall have effect notwithstanding any statutory provision that conflicts with it.

(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.

(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.

Annotations:

Amendments:

F153

Substituted (5.11.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 5 item 1, S.I. No. 735 of 2007.

F154

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 16, S.I. No. 357 of 2015.

F155

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 4, S.I. No. 16 of 2013.

F156

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 21, S.I. No. 504 of 2015.