The Gazette 1976

175 / 274

GAZETTE SEPTEMBER 1976
(ii) Civil Marriages
Persons intending to be married must serve notice
of the marriage upon the Registrar of the district
in which they reside and if they reside in differ-
ent districts notice must be served on the Regis-
trar of each district. Where the marriage is to be
contracted in the Registry Office the* Registrar
is required at the expense of the parties to the
marriage to publish notices at least once in two
consecutive weeks next after receiving the notice
in a newspaper circulating in the district in
which the marriage is intended.
Where the parties wish to have a State wedding
only, the marriage will be solemnised on the
authority of a licence or certificate issued by the
Registrar of Marriages.
(a) Marriage by Licence
In the case of marriage by licence it is necessary
for each party to have resided within the district
of the Registrar on whom notice is given for the
fifteen days immediately preceding the service
of notice.
The party giving notice is required to declare
that there is no lawful impediment, that the
parties have during the month immediately pre-
ceding the notice usually attended Divine Wor-
ship in the building named in the notice, that
one of them has resided for at least fifteen days
in the district of the Registrar on whom the
notice is served, and, in the case of minors, that
the requisite consents have been obtained. Where
the parties have not been attending Divine
Worship the form of declaration requires to be
amended. On the eighth day from the day of
entering the notice, a licence may be issued by
the Registrar provided that the marriage has not
been forbidden or a Caveat entered against it.
(b) Marriage by Certificate
In the case of marriage by certificate, it is
necessary for each party to the marriage to have
resided within the district of the Registrar to
whom the notice is given for the seven days
immediately preceding the service of the notice.
A declaration similar to that for marriages by
licence, except as to length of residence should
be made at the time of giving notice by the
party serving the notice. On the twenty-second
day a certificate may be issued by the Registrar
if the marriage has not been forbidden or a
Caveat entered against it.
The costs of a Civil Marriage are, apart from
the publication of the requisite notices in the
newspapers, minimal
Foreign Marriages
The State will generally recognise marriages con-
tracted abroad if they are recognised in the State in
which they are contracted although such recognition
may be affected by the laws of the State relating to
the recognition of foreign divorce.
Case Law
R. v MILLIS (1943) 10 CI. and Fin. 534 (Validity
of Marriage, Presence of Priest);
176
PIERS v PIERS (1849) 2 H.L. 331 (Presumption
in Favour of Validity);
BEAMISH v BEAMISH (1861) 9 H.L. Cas. 274
(Validity of Marriage, Absence of Independent Priest);
COURTNEY v MILES (1877) Ir. R. 2 Eq. 284
(Validity of Marriage, Compliance with Requirements);
USSHER v USSHER (1912) 2 I.R. 445 (Validity of
Marriage, Application of Canon or Pre-Reformation
Law);
LORD ADVOCATE v JAFFREY (1921) 1 A.C. 146
(Domicile of Dependency);
MULHEARN v CLEARY (1930) I.R. 649 (Pre-
sumption of Validity in Case of Cohabitation);
TILSON v TILSON (1951) I.R. 1 (Religious Up-
bringing of Children);
PEOPLE (A.G.) v BALLINS (1964) Ir. Jur. Rep.
14 (Validity of Registry Office and Church Marriages);
CORBETT v CORBETT (1970) 2 All E.R. 33 (Re-
quirement to be of opposite sex).
Bibliobraphy
1. "Bromley's Family Law" (4th Edition) (Butter-
worths). (Supplement to the 4th Edition published
in 1974).
2. "Principles of Family Law" (1st Edition: Sweet
and Maxwell), by S. M. Cretney.
3. "The Law and Practice of the Court for Matri-
monial Causes and Matters" by W. H. Kisbey.
4. "The Marriage Law of Ireland" by W. Harris
Faloon.
5. "Family Law" by Margaret Puxton.
6. Series of five successive articles in the Irish Times
from 12th March, 1974 to the 16th March, 1974 by
William Duncan and James O'Reilly.
7. "Fundamental Rights in Irish Law and Constitu-
tion" (Chapter IX, 2nd Edition) by J. M. Kelly.
8. Society of Young Solicitors Lectures:
(a) Lecture No. 33 "Family Law" delivered by
Donal Barrington, S.C., March 1968.
(b) Lecture No. 46 "Some Aspects of Family Law"
delivered by Mr. Justice Kenny, March 1970.
(c) Lecture No. 69 "Family Law in the High Court
in the Irish Republic" delivered by Robert
Barr, S.C., November 1972.
9. "The Family and the Law" by Goldstein and
Katz.
10. "The Formation and Annulment of Marriage" by
J. Jackson.
F.L.A.C.
F.L.A.C. are opening a new Centre in Cabra ,;
and thus would be pleased to hear from Solic-
itors willing to go on the Panel of Solicitors for
that Centre.
Please contact : Muriel Lee, 6, Palmerston
Gardens, Rathmines, Dublin 6.