The Gazette 1976

GAZETTE

SEP

BER 1976

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

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;

(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.

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

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.

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