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Dáil Éireann debate -
Thursday, 10 Apr 1997

Vol. 477 No. 4

Written Answers. - Invalid Marriages.

Ivor Callely

Question:

45 Mr. Callely asked the Minister for Health the known number of invalid marriages in the State; the reasons these marriages are invalid; the issues, if any, relating to these marriages which have been drawn to his attention; and if he will make a statement on the matter. [9405/97]

Limerick East): The administration of the civil registration system is a matter for an tÁrd-Chláraitheoir (Registrar-General) of Births, Deaths and Marriages and for local registrars who act under his general direction.

I presume that the Deputy is referring to certain difficulties which have arisen in relation to compliance with the requirements of the Family Law Act, 1995, with respect to marriage preliminaries. The requirements of a valid marriage set out at sections 31 and 32 of the Family Law Act, 1995, are each declared to be a substantive requirement for a valid marriage, and where either section has not been complied with, a marriage may not be registered. The Deputy will be aware of the provisions of section 33 of the afore-mentioned Act, which provides that an application may be made to either the Circuit Family Court or the High Court for an order exempting a proposed marriage from the application of either or both of the requirements of sections 31 and 32. Where there has not been compliance with the provisions of sections 31 and 32, and where exemption to these requirements has not been obtained from the courts under section 33 prior to the marriage, then the marriage may not be registered. I am aware that of the 154 marriages which have been referred to the Office of An tArd-Chláraitheoir, it appears that there has not been compliance with the requirements for a valid marriage, contained in the Family Law Act, 1995; in 79 cases. I understand that a further 28 marriages are currently under investigation to establish if the requirements of the Act have been met.
The difficulties, in the cases referred to, arise primarily from the failure of the persons concerned to give three months written notification of their intention to marry to the appropriate registrar of marriages as required by section 32. In the majority of these cases written notification was given to the wrong registrar, in a number of cases there is no record of any notification having been given to a registrar and in some cases it was established that the couple had given the necessary written notification direct to the appropriate registrar less than the required three months before the date of the marriage.
I very much regret the inconvenience that may be caused to the couples affected and every effort is being made to find an early and satisfactory resolution. The Government has decided to introduce amending legislation to cater for difficulties, which have arisen in circumstances where the three months written notification was given to a registrar other than the appropriate registrar. I understand that the Heads of a Bill have been referred by my colleague, the Minister for Equality and Law Reform, to the Attorney General's office for formal drafting and that he intends bringing forward the Bill for consideration by the Oireachtas as soon as possible.
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