Written answers

Tuesday, 4 March 2008

Department of Social and Family Affairs

Civil Registrations

9:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 361: To ask the Minister for Social and Family Affairs the processes and guidelines the Registration Offices use to ensure the bona fides of couples wishing to get married; and if he will make a statement on the matter. [9140/08]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The provisions of the Civil Registration Act 2004 relating to marriage were commenced with effect from 5 November, 2007. New processes and procedures which are based on these provisions were put in place from that date to ensure that marriages which take place are legally valid.

Section 46 of the Act requires that, save in exceptional circumstances, couples intending to marry in the State attend the office of the registrar in person to give notification of intention to marry at least three months in advance of the intended marriage date and to sign a declaration that there is no impediment to the marriage. This provision also gives the registrar authority to request evidence from each of the parties in relation to the verification of identity, current marital status, nationality etc. and the procedures in place provide for this. Notices of intention to marry may be published and are available for inspection at the registrar's office. The meeting between the registrar and the couple provides an opportunity for the registrar to elaborate on all the requirements for a marriage to be civilly recognised and to clarify any issues which may arise.

Section 48 of the Act provides for the issue of a Marriage Registration Form ( MRF ) without which no marriage may be legally solemnised. In essence, this form constitutes the approval of the registrar to the marriage proceeding. An MRF will be issued only when the registrar is satisfied that all the statutory requirements relating to a valid marriage have been met. The MRF contains the details of the parties to the marriage, of the registered solemniser who will solemnise the marriage and of the witnesses and it must be given to the solemniser before the marriage ceremony.

Section 51 of the Act sets out the manner in which a marriage must be solemnised. The solemniser must be a registered solemniser. The place in which the ceremony takes place must be open to the public and the solemniser must be satisfied that the parties to the marriage understand the nature of the ceremony and the declarations which they must make as part of the ceremony. These declarations are that there is no impediment to the marriage and that they accept each other as husband and wife. This section also provides for the use of an interpreter where one of the parties to the marriage, the solemniser or one of the witnesses does not have sufficient knowledge of the language of the ceremony.

There is also legal provision for the making of an objection to the marriage proceeding, and this can be made at any time before the ceremony.

Staff in all of the registration offices have been provided with detailed documentation concerning the application of the requirements of the new legislation and have been given comprehensive training on these.

In view of the above the Registrar General is satisfied that the processes and procedures in place are sufficient to ensure that marriages are being solemnised in accordance with the law.

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