Dáil Éireann debate -
Tuesday, 7 Mar 2000

Vol. 515 No. 6

Written Answers. - Family Law Act.

Jim O'Keeffe

Question:

168 Mr. J. O'Keeffe asked the Minister for Health and Children if it is the policy in the administration of the Family Law Act, 1995, not to inform applicants if the notification of their intent to marry falls short of the mandatory period of three months; and, if so, his views on whether this policy should be revised in order that the attention of the parties is drawn to the situation in the same way as applies if one of the parties to the intended marriage is under the age of 18 years. [6603/00]

Minister for Health and Children (Mr. Martin)

The administration of the registration system is a matter for an tard-chláraitheoir, the Registrar-General of Births, Marriages and Deaths, and for local registrars who operate under his general direction.

The Family Law Act, 1995, provides that a marriage solemnised in the State 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 is to be solemnised or obtain a court exemption from giving such notification before the solemnisation of the marriage. The Act also provides that a marriage solemnised between persons either of whom is under 18 years of age shall not be valid in law unless a court exemption from this provision has been granted. It is the responsibility of both parties to the marriage to ensure compliance with the Family Law Act, 1995.

Each superintendent registrar is required to put in place administrative procedures to monitor compliance with the Family Law Act. I have been informed by the registrar general that when notifications fall short of the mandatory three months' notification period, or where either party to the intended marriage is under 18 years of age, the current practice in superintendent registrars districts is to notify each party to the intended marriage that the marriage would not be valid if it were to proceed without first having obtained a court exemption.