Dáil Éireann Debate, Thursday - 14 June 2018
230. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the requirements in respect of two single persons seeking permission to marry in a registry office who have previously been married by traditional rights in their homeland; and if she will make a statement on the matter. [26165/18]
Amharc ar fhreagraLegislation governing marriage in Ireland is provided for in Part 6 of the Civil Registration Act 2004, as amended.
Persons wishing to be married in the State are obliged to give a minimum of three months’ notice of the intention to marry to a registrar [section 46(1)(a)]. In the case where one, or both, of the parties to the marriage are foreign nationals, the notification must be accompanied by documents regarding the immigration status of the foreign national(s) [Section 46(3A)].
The parties applying to marry must also present to a registrar not less than 5 days before the intended date of marriage and sign a declaration, in his or her presence, that there is no impediment to the marriage [section 46(1)(a)]. For the purposes of the Act there is an impediment to a marriage if one of the parties to the marriage is, or both are, already married [section 2(2)].
Regarding the validity of marriages conducted in other jurisdictions, the law relating to this is set out in section 29 of the Family Law Act 1995 which comes under the responsibility of my colleague the Minister for Justice and Equality.
