Civil Registration Act 2004

Objections.

58

58.—(1) A person may at any time before the solemnisation of a marriage lodge an objection in writing with any registrar and the objection shall state the reasons for the objection.

F170 [ (2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section

( a ) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,

( b ) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection, ]

( c) the registrar who receives the direction shall comply with it, and

( d) references in F171 [ subsections (3) to (4C) and (6) to (8) ] to the registrar who receives an objection shall be construed as references to the registrar who receives the direction aforesaid, and this section shall apply and have effect accordingly.

(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, the registrar shall—

( a) notify the parties to the intended marriage of the objection,

( b) make such enquiries as he or she thinks fit,

( c) if the marriage registration form has been given to one of those parties, request its return to the registrar and correct it and the notification and make any necessary corrections to any other records relating to the marriage, and

( d) give the corrected marriage registration form to one of the parties to the marriage.

(4) If the registrar who receives an objection under subsection (1) believes that more than a minor error or misdescription exists in the relevant notification under section 46 and that the possibility of the existence of an impediment to the intended marriage concerned needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—

( a) notify the parties to the intended marriage that—

(i) an objection has been lodged and of the grounds on which it is based,

(ii) the objection is being investigated,

(iii) the solemnisation of the marriage will not proceed until the investigation is completed,

( b) if the relevant marriage registration form has not been issued, suspend its issue,

( c) if the marriage registration form has been issued, request the party to the marriage to whom it was given to return it to the registrar,

F172 [ ( cc ) in relation to the forming of an opinion under subsection (4A) , notify and furnish copies of all information and documents relating to the relevant notification of the intended marriage under this Part to, the Minister for Justice and Equality, ]

( d) notify the solemniser of the marriage that an objection is being investigated, and

( e) direct him or her not to solemnise the marriage until the investigation is completed, and the solemniser shall comply with the direction.

F173 [ (4A) A registrar who

(a) in the performance of his or her functions under this Part forms the opinion that an intended marriage would constitute a marriage of convenience, or

(b) receives under subsection (1) an objection the stated reason for which is that the intended marriage would constitute a marriage of convenience, and forms the opinion that grounds for the objection possibly exist and need to be investigated,

shall refer the matter to the Superintendent Registrar of the registration area where the registrar who formed the opinion is assigned, for a decision and in that case and for that purpose, this section shall apply and have effect according to

(i) the modification that a reference to receipt of an objection under subsection (1) includes a reference to an opinion under paragraph (a) ,

(ii) the modification that references in this section to an tArd-Chl á raitheoir shall be construed as references to the Superintendent Registrar concerned, and

(iii) any other necessary modifications.

(4B) The registrar shall furnish his or her written report of the reasons for the forming of his or her opinion under subsection (4A) when referring the matter to the Superintendent Registrar under subsection (4A) .

(4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:

(a) if the parties to the intended marriage speak a common language;

(b) the period prior to the relevant notification of the intended marriage under this Part during which the parties to the intended marriage are known to each other;

(c) the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage under this Part;

(d) if the parties to the intended marriage have lived together in the past or if they currently live together;

(e) the extent to which each party to the intended marriage is familiar with the personal details of the other party;

(f) the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;

(g) the immigration status of one or each of the parties to the intended marriage who is a foreign national;

(h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;

(i) if the one or each of the parties to the intended marriage has previously been the subject of an objection under subsection (1) , an opinion formed under subsection (4A) or an objection under section 59F(1) or an opinion formed under section 59F(4A) ;

(j) any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience. ]

(5) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.

F174 [ (5A) In deciding if an impediment exists to an intended marriage the subject of a referral under subsection (4A) , the Superintendent Registrar shall consider

(a) the report furnished to him or her under subsection (4B) , and

(b) the matters referred to in paragraphs (a) to (j) of subsection (4C) . ]

(6) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended marriage concerned exists, he or she shall advise the registrar concerned to that effect and the registrar shall—

( a) notify the parties to the marriage that no impediment to the marriage exists,

( b) issue or re-issue the marriage registration form to one of those parties,

( c) notify the person who lodged the objection that no impediment to the marriage exists.

(7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended marriage, he or she shall advise the registrar concerned to that effect and of the reasons for the decision and the registrar shall—

( a) notify the parties to the marriage—

(i) that the solemnisation of the marriage will not proceed, and

(ii) of the decision of an tArd-Chláraitheoir and of the reasons therefor,

and

( b) take all reasonable steps to ensure that the solemnisation does not proceed.

F175 [ (7A) Where a Superintendent Registrar decides under subsection (7) , in a case referred to him or her under subsection (4A) that a marriage would constitute a marriage of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality. ]

(8) If, notwithstanding the steps taken by the registrar concerned pursuant to subsection (7)(b), the marriage concerned is solemnised, the marriage shall not be registered.

(9) ( a) A party to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).

  ( b) The jurisdiction conferred on the Circuit Family Court by paragraph (a) may 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 had been intended to be solemnised is situated.

(10) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate, or complete his or her investigation of, the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.

(11) An objection on the ground that the marriage would be void by virtue of the Marriage of Lunatics Act 1811 shall be accompanied by a certificate of a registered medical practitioner supporting the objection.

Annotations:

Amendments:

F170

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 22, S.I. No. 887 of 2004.

F171

Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(a), S.I. No. 357 of 2015.

F172

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(b), S.I. No. 357 of 2015.

F173

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(c), S.I. No. 357 of 2015.

F174

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(d), S.I. No. 357 of 2015.

F175

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(e), S.I. No. 357 of 2015.

F176

Substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c)(i), not commenced as of date of revision.

F177

Substituted and inserted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c)(ii), not commenced as of date of revision.

Modifications (not altering text):

C29

Prospective affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c), not commenced as of date of revision.

58.— ...

(9) ( a) F176 [ Subject to subsection (12), a party ] to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).

...

F177 [ (11) An objection on the ground that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to consent to the marriage shall be accompanied by

(a) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make a decision to consent to being married,

(b) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being married is a decision which falls within that class of decisions, or

(c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed marriage to make a decision to consent to being married.

(12) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (9) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (11) . ]

C30

Reference in subs. (11) to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

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