Civil Registration Act 2004

58A

F181 [ Marriage ceremonies performed at certain embassies or diplomatic missions

58A. ]

Annotations:

Amendments:

F181

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 19(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C31

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 19(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F181 [ 58A. (1) This section applies to a marriage which was solemnised, before the commencement of this section, in an embassy or diplomatic mission in the State.

(2) A marriage to which this section applies, subject to subsection (3) , shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been solemnised in the State in compliance with this Act.

(3) This section shall not operate to validate a marriage to which this section applies where

(a) an impediment to the marriage existed on the date that the marriage was solemnised,

(b) the parties to the marriage have obtained a decree of divorce or a decree of nullity in respect of the marriage, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,

(c) a party to the marriage has entered into a later marriage or civil partnership with another person, or

(d) the parties to the marriage have entered into a later marriage with each other.

(4) A registrar who receives an application in that behalf from both parties, or the surviving party to the marriage to which this section applies in writing in a form for the time being standing approved by an tArd-Chl á raitheoir, on being satisfied that this section operates to validate the marriage concerned and on production to him or her of the following information and particulars may enter the particulars of the marriage concerned in the register and register the marriage in such manner as an tArd-Chl á raitheor may direct:

(a) evidence of identity;

(b) if appropriate, evidence of death of one of the parties to the marriage;

(c) evidence that the marriage was solemnised in an embassy or diplomatic mission in the State prior to the commencement of this section together with, where required by the registrar, a document duly authenticated which purports to be a translation thereof;

(d) the signatures of both parties or the surviving party to the marriage.

(5) Nothing in the application of this section to a marriage which was solemnised, before the commencement of the section, in an embassy or diplomatic mission in the State

(a) gives or affects any entitlement to an interest

(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or

(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),

or

(b) gives or affects any entitlement to a benefit, allowance, pension or other payment

(i) payable before, or in respect of a period before the commencement of this section, or

(ii) payable in respect of the death of a person before that commencement,

or

(c) affects tax in respect of a period or event before the commencement of this section.

(6) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(7) This section shall not apply to a marriage which is solemnised on or after the date of commencement of this section, in an embassy or diplomatic mission in the State. ]

Editorial Notes:

E73

The section heading is taken from the amending section in the absence of one included in the amendment.