asked the Minister for Health if he will take steps to permit marriages validly solemnised before a minister of religion in France, but invalidly completed according to the civil law of that country, to be registered in Ireland as valid marriages in view of the legal disqualifications and other impediments suffered by Irish citizens and their children by reason of the refusal of the French authorities to recognise the validity of such marriages.
Ceisteanna—Questions. Oral Answers. - Validation of Marriages Solemnised in France.
2.
Mr. Ryan
There is no provision in the Registration Acts for the registration in this country of marriages solemnised abroad. Such marriages are normally registered in the country in which they are solemnised.
The determination of the legality or otherwise of marriages wherever solemnised is not a function of An tÁrd-Chláraitheóir. Only the Courts are competent to determine whether or not a marriage is valid under the civil law.
As regards the marriages referred to in the Question, I understand that in France it is necessary to go through a civil marriage ceremony in order to ensure that a marriage is recognised as legal. As this requirement does not appear to have been fulfilled in regard to these marriages, they would not be recognised as legal in France. Furthermore, I understand that it is an offence under French Law for a clergyman to officiate at a church marriage if no civil ceremony has taken place.
As regards the Deputy's enquiry regarding the registration of such marriages in this country, I would point out that registration in itself would not necessarily secure their validation under civil law. This, as I have already mentioned, is a matter for determination by the Courts, but even if any difficulty which might arise in this connection were resolved, there would still be a grave risk that the Courts in other countries might hold, if the matter came before them for determination, that such marriages were invalid by reason of their not having been celebrated in accordance with the law of the State in which they were solemnised.
The Deputy will appreciate, therefore, that there are many complex and intricate problems including issues touching on International Law and usage involved in this question. They have already been the subject of much consideration by the Departments concerned but the examination of the matter has not yet been completed.