The Gazette 1976

SEP T EM BER 1976

GAZETTE

Form of Application to President of the High Court An application may be made by or on behalf of either party to the intended marriage and without the intervention of a next friend. It may be made in- formally through the Registrar of Wards of Court in accordance with rules of procedure directed by the President of the High Court. Where the party is under 16 application for consent must be made under Section 1 of the Marriages Act 1972. Where the party is over 16 but under 21 application for consent must be made under Section 7 of the Marriages Act 1972. Where the party is a Ward of Court application for consent must be made by notice of motion in accord- ance with the rules of procedure relating to wards of Court. Special forms can be obtained from the Registrar of Wards of Court (Form No. 1 for persons under 16, Form No. 2 for persons over 16 but under 21) which requires to be completed by the applicant and filed with the Registrar when a date will be fixed for the hearing. The hearing before the President will normally be fixed for a date within two weeks of the date on which the application is filed but this will depend on the number of applications before the President at any given time. Form of Hearing The application is heard and determined by the President of the High Court in private. It is informal and it is not necessary for the applicant to have legal representation. The President will be particularly con- cerned to interview, personally, the parties to the in- tended marriage and interview, or receive submissions from, any other person who feels are in a position to be of assistance to him in determining whether or nol the requisite consent should be given. Costs of Application No court fees are charged in relation to the appli- cation. The applicant will, however, be liable for the professional fees of any legal, medical or other advisers whose services he obtains and any expenses which he incurrs in attending at the hearing. Appeal The Marriages Act 1972 does not provide for any appeal from the decision of the President of the High Court but it would appear from general principles that a right of appeal to the Supreme Court exists. FORM OF MARRIAGE All marriages must be solemnised before a Minister of Religion licensed by the State to officiate at mar- riages or upon the authority of a licence or certificate issued by the Registrar of Marriages. (i) Religious Marriages

SOCIETY OF YOUNG SOLICITORS

Guidelines - Family Law

1. MARRIAGE

Principal Statutes (1) Marriages Act 1537 (2) Marriages Art 1542

(3) Lord Lyndhurst's Act 1844. (4) Marriages (Ireland) Act 1844.

(5) Marriages (Ireland) Amendment Act 1846. (6) Marriages (Ireland) Amendment Act 1849. (7) Marriages (Ireland) Amendment Act 1863. (8) Registration of Marriages (Ireland) Act 1963. (9) Matrimonial Causes and Marriage Law (Ire- land) Amendment Act 1870. (10) Deceased Wife's Sister Act 1907. (11) Deceased Brother's Widow Act 1921.

(12) Adoption Act 1952. (13) Marriages Act 1972. Principal Statutory Instruments Marriages Act 1972

1. S.I. No. 12 of 1973 - Commencement Order. 2. S.I No 175 of 1973 - Commencement Order. 3. S.I. No. 374 of 1974 - Commncement Order. Who can marry? Subject to the following requirements any person over 21 years of age can marry: (i) They must be of sound mind; (ii) They must freely consent to the marriage; (iii) They must be unmarried at the time of their marriage; (iv) They must not be related to each other within the prohibited degrees of consanguinity. A person under 21 years but over 16 years of age, being neither a widower or widow nor a ward of court requires: either (i) The consent of both his parents or surviving parent or all his testamentary guardians or sole guardian as apropriate; or (ii) Where any surviving parent or any surviving testamentary guardian does not give consent or if he has either a surviving parent nor a sur- viving testamentary guardian the consent of the President of the High Court to the marriage. Any such marriage without either of the above con- sents is illegal. A person under 16 years of age cannot under any circumstances marry without the consent of the Pres- ident of the High Court. Any marriage without such consent is void. An infant who has been taken into the wardship of the Court also requires the consent of the President of the High Court to the marriage and any marriage without such consent is likewise void.

Marriage may either take place in accordance with the rite of the Catholic Church or in the case of other denominations in accordance with the Marriage Act relating to the licensed Min- isters of such denomination. Such religious mar- riages are recognised by the State as valid and the officiating Minister of Religion acts as the civil registrar for the purpose of recording the marriage. 175