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Dáil Éireann díospóireacht -
Tuesday, 3 Apr 2001

Vol. 533 No. 6

Written Answers. - General Register Office.

David Stanton

Ceist:

259 Mr. Stanton asked the Minister for Health and Children the requirements imposed by the State on couples from outside the State who wish to travel here to get married; the registration requirements involved; and if he will make a statement on the matter. [9722/01]

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

To contract a valid marriage in the State the parties to the marriage have the capacity to marry each other, freely consent to the marriage and observe the necessary statutory formalities. The requirements for a valid marriage include the following – both parties to the marriage must be over 18 years of age and each party to the marriage must give at least three months prior written notification of their intention to so marry to the registrar of marriages. A person may apply to the High Court or the Circuit Family Court for an exemption order in relation to these requirements. These requirements apply to all marriages within the State.

The other additional preliminaries and procedures for the registration of marriage depend on whether the marriage is by a civil ceremony in the office of the registrar of marriages or a religious ceremony. For a marriage to be solemnised in the office of the registrar of marriages both parties must fulfil statutory residence requirements before they can apply to the registrar for a certificate, seven days, or a licence, 15 days. The application procedure involved the personal attendance of one of the parties at the office of the registrar to complete forms and declarations required for the service of notice of marriage on the registrar. Marriage by licence may not take place until the eight day after the notice of marriage is received by the Registrar, while marriage by certificate may not take place until the twenty-second day at the earliest after notice of marriage was received.

If a couple wish to get married in a religious ceremony they will be expected to comply with the requirements of their church or denomination. Marriage by religious ceremony may be by special licence, episcopal licence, ordinary ecclesiastical licence, on publication of banns, or by registrars licence and registrars certificate, as set out in the Marriages Acts. A period of residence, within a specified area is required before notice can be served on the minister or licencer for the issue of a licence. The Registration Acts also provide that bishops and the heads of particular denominations may grant a special licence to enable a couple to marry at any place and time.
If either party to the marriage has been married previously it is necessary for that party to produce either a divorce decree or a death certificate, as appropriate. In the case of a divorce granted by a court outside the State the divorce decree and other information in relation to the domicile(s) of the parties concerned must be provided to enable An tÁrd-Chláraitheoir to determine if the divorce is recognisable under the Domicile and Recognition of Foreign Divorces Act, 1986.
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