Dáil Éireann Debate, Thursday - 30 July 2020
763. Deputy Holly Cairns asked the Minister for Employment Affairs and Social Protection the criteria used by registrars under the Civil Registration (Amendment) Act 2014 to assess the way in which a proposed marriage is deemed to be a marriage of convenience. [20143/20]
Amharc ar fhreagraThe criteria used by registrars to assess the way in which a proposed marriage is deemed to be a marriage of convenience are contained in section 58(4C) of the Civil Registration Act 2004, which states as follows:
(4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:
(a) if the parties to the intended marriage speak a common language;
(b) the period prior to the relevant notification of the intended marriage under this Part during which the parties to the intended marriage are known to each other;
(c) the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage under this Part;
(d) if the parties to the intended marriage have lived together in the past or if they currently live together;
(e) the extent to which each party to the intended marriage is familiar with the personal details of the other party;
(f) the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;
(g) the immigration status of one or each of the parties to the intended marriage who is a foreign national;
(h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;
(i) if the one or each of the parties to the intended marriage has previously been the subject of an objection under subsection (1), an opinion formed under subsection (4A) or an objection under section 59F(1) or an opinion formed under section 59F(4A);
(j) any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience.”
These provisions were inserted by section 18 of the Civil Registration (Amendment) Act 2014.
