Richard Bruton (Dublin North Central, Fine Gael)
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Question 729: To ask the Minister for Social and Family Affairs his views on the case of a person (details supplied) in Dublin 17 who has lost out on entitlement to widow's pension, because their marriage ceremony was conducted in a church and was not accompanied by a civil ceremony; if there is any evidence which he would accept as evidence of the bona fide nature of this marriage; and if he will make a statement on the matter. [1175/08]

Martin Cullen (Waterford, Fianna Fail)
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I have been advised by the Registrar General that the position is as set out as follows.

As a general rule, for a marriage to be valid in the State, under the law that pertained at the time the parties celebrated the marriage, they must:

Have had the capacity to marry each other;

Freely consent to the marriage: and

Observe the necessary formalities as required by the laws of the State.

Section 29 of the Family Law Act 1995 provides that a court may grant a declaration that a marriage was valid. It is open to the person in question to seek legal advice as to the applicability of this provision to her particular circumstances.