Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 761: To ask the Minister for Social and Family Affairs his views on correspondence (detail supplied); if it is possible for the State to recognise the marriage referred to; and if he will make a statement on the matter. [2303/08]

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

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.The applicable statute at the time the marriage vows were made was Section 32 of the Family Law Act 1995. That provision states that a marriage shall not be valid in law unless the persons concerned notify the registrar in writing of their intention to marry not less than three months prior to the date on which the marriage was to be solemnised, or obtained a court exemption from the three month notification period, as provided for under Section 33 of the Act. These requirements are declared to be substantive requirements for marriage.

According to the details supplied, it would appear that these requirements were not met and the purported marriage would not appear to be entitled to recognition in 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 his particular circumstances.