Marriage Act Overview
Marriage Act Overview
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. In what cases marriage void.
4. Effect of non-observance of the conditions of this Act.
5 . Civil Registrars and Marriage Officers.
6. Ministers of religion, how far entitled to be Marriage Officers.
7. Civil Registrar to be Marriage Officer ex-oficio.
8. When Marriage Officer m a y refuse to act as such.
9. Deputies to Civil Registrars, their appointments, removal powers
and duties.
10. Applications for appointment as a Marriage CMker.
11. Ministers of religion ceasing to act to notifjl Registrar-General.
12. Vacation of o& of Mamage Ofiicer to be Gazetted.
13. Temporary absence of Marriage Officer.
14. Power to remove Marriage Officer.
15. Change of residence, postal address and ministerial charges of
Marriage Officers to be reported.
16. Authority fbr marriage.
17. Preliminaries to marriage on Civil Registrar’s certificate.
18. Preliminaries to marriage on a Marriage Officer’s certificate.
19. Notice of intended marriage under Foreign Marriage Act.
20. Who may publish banns.
21. Preliminaries to marriage on the Minister’s licence.
22. SpeciallicenceS.
23. Stamps on marriage licences.
SFhedule to Stamp Duty Act.
24. Consent to maoiage when required and who. may give it.
Consequence of marriage without necessary cansent.
25. Objection to a marriage, how to be made and dealt with.
26. Certificate or licence void after three months.
me inclusion of this page is authorized by L.N. 480/19731
2 MARRIAGE
(3) If the parties to any marriage are within the. pro- 4811957
S.2(b).
hibited degrees of consanguinity or affinity &cording to the
law of England from time to time in force, the marriage shall
be void.
I
['Illhe inclusion of this page is authorized by LN. 92d20121
-
6 MARRIAGE
/
~ ~ ~ d i d t r h e nand
t s removals of, and any rksignation or
vacation of office by Civil Registrars and Marriage Officers
shall be notified in the Gazette, and shall. take effect from
the date of publication.
23. Before the issue of any marriage licence, the person stampson
issuing it shall secure that such licence be stamped with mamage
licences.
revenue stamps to the value of twenty-five cents, and shall
himself cancel the stamps before he delivers the licence.
The provision made by the Schedule to the Stamp Duty Scheduleto
Act, under “Licences”, whereby the sum of ten dollars Act. Stamp Duty
Objections
to a
25. Any person may notify his objection to an intended
marriage, marriage by giving notice of objection to the Civil
how to be
made and Registrar or Marriage Officer publishing the notice of
dealt with. banns.
A Civil Registrar or Marriage Officer shall disregard
all objections to an intended marriage not appearing on
the face of the notice, unless-
(a) they are stated prior to the issuing of the
certificate of publication;
(b) they are stated in writing by the person making
the same;
(c) the person making the same appears personally
to lodge the same with the Civil Registrar or
Marriage Officer, and in his presence makes and
subscribes a declaration as nearly as may be in
Schedule H. the form set forth in Schedule H, which the Civil
Registrar or Marriage Officer shall endorse on the
written statement of objection.
With regard to objections timely and duly made as
above provided, the following provisions shall apply-
(a) Where the objection does not set forth a legal
impediment to a marriage between the parties
intending to solemnize marriage, or a refusal of
consent on the part of any person whose consent
is required to such marriage, the Civil Registrar
or Marriage Officer shall suspend the issue of his
certificate pending decision upon the objection,
and shall consider the Objection and make such
enquiry thereabout as he sees fit, and himself
decide thereupon.
m e inclusion o€ this page is authorized by L.N. 57/1980]
(b) Where the objection sets forth bylegal impediment
to a marriage between the parties, or any refusal of
consent on the part of any person whose consent
is required to such marriage, the Civil Registrar or
Marriage Officer shall refer thl matter to a Judge
of the Supreme Court (who shall decide upon the same
in as summary a way and as expeditiously as the
circumstances of the case will pexdit), and shall sus-
pend the issue of his certificate \until.he receives a
certified copy of the Judge's decision to the effect that
the parties are not in respect ofi the said objection
disqualified fiom contracting such\marriage, or where
the objection is in the nature of a refusal of consent that
such refusal is unreasonable and ought not to interfhe
with such marriage.
If it appears to the Judge that the objection, in case of
an objection to a marriage, was frivolous !and vexatious, he
may condemn the party making it, to pay, in addition to costs
and all civil damages to which he may be' liable, a fine not
exceeding two hundred and fifty thobsAd dollars, to be ~noll
enforced in the same way as a judgmeni of the Supreme ''"
Court.
26. Whenever a marriage does not take place within cert~ticate
three months of the date of the Civil ~ e ~ i s t r a r certificate
's
or the Marriage Officer's certificate, or a Minister's licence, three
~~~~~~
or a licence by a Justice, the Clerk of the ~ e s i d e n t"OnthS
Magistrate's Court, or a person appointed for the purpose
by the Minister, the certificate or licence as the case may
be shall be void, and no person shall proce'ed to solemnize
the marriage until new notice has been given and certificate
issued or a new licence has been granted.
27. After the issue of a Civil Registrar's certificate or Civil Howmar-
riage to be
Registrars' certificates, or a Marriage Officer's certificate, or
Marriage Officers' certificates or a Civil Registrar's certificate and condi-
tionsto be
observed.
- A n deach'!
a'
36. Certified copies of Registers under this Act and under Certified
sections 61, 62 and 63 of the Registration (Births and F$-e
:orsf
Deaths) Act, relating to Civil Status Records, shall be ;-m;g
im
exempt from all stamp duty.
Rules under 38. The Registrar-General may from time to time make,
this Act,
how and by and when made revoke, add to and alter, rules for the
whom made,
altered or carrying out of the registration provisions of this Act, and
revoked. for the direction of officers connected with registration in
the performance of duties under this Act. Such rules shall
be subject to the approval of the Minister, who may allow,
disallow, alter and add to, such rules or any of them.
Supply of 41. There shall be supplied to the proper officers all books,
books,
forms, etc., registers and forms required for the execution of this Act.
to Marriage
Officers. All books so supplied to be kept for entries shall be of
durable materials, and shall have the pages and places for
entry respectively numbered progressively.
Forms of notice of marriage shall be supplied by the
Registrar-General to the several Civil Registrars and
Marriage Officers, who shall account for all forms so issued
to them.
Expenses of 53. The Aperises of carrying this Act into execution shall,
canying out
this Act. where not qtherwise provided for, 6e paid out of the Consoli-
dated Fund: I
55. Every officer under this Act who makes default, and Penalwon
every person who has held and has ceased to hold any office
under this Act, who, while holding or on ceasing to hold such complying
with this
Offences
FORM NO. 1. Applicable to the case of parties residing in the same Parish or District and giving a single Notice.
NOTICE O F M A R R I A G E
;s:
b
----- -___
?J
4
b
Subscribed and declared by the above named in the presence of us the undersigned, householders in the above-
mentioned Parish, who declare that we believe the statements contained in this Notice to be true.
Witness.
Witness.
*Insert the names of the persons giving notice.
SCHEDULE A (Section 17) 0"
FORM NO. 2. (Applicable to the case of parties residing in different Parishes, or giving separate Notices).
NOTICE OF MARRIAGE
z
b
48 / 1957 And I give this Notice with the assent of the other party herein named and described. a
s. 7. And I solemnly decIare that I have for fifteen clear days immediately preceding the date of this
Notice had my usual place of abode within the abovementioned Parish of and that
I believe there is no impediment of kindred or alliance, or other lawful hindrance to the said Marriage.
In witness whereof I have hereunto set and subscribed my hand this day of 19 .
2
Subscribed and declared by the above named in the presence of us the undersigned, householders in the above-
mentioned Parish, who declare that we believe the statements contained in this Notice to be true.
Witness.
Witness.
*Insert the names of the person giving notice.
S C H E D U L E B. (Section 17)
Date of Notice.
32 MARRIAGE
I, hereby
give you notice that a Marriage is intended between me and the other party herein named and described, and that
I desire you to publish the Banns of such Marriage in the manner required by law.
Name and Surname Condition I Calling
__ Age Parish and Dwelling-place
b
b
j:
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8
And I give this Notice with the assent of the other party herein named and described.
And I solemnly declare that I believe there is no impediment of kindred or alliance or other lawful hindrance to
the said Marriage. In witness whereof I have hereunto set and subscribed my hand this day of 19 .
Subscribed and declared by the abovenamed in the presence of US the undersigned, householders in the above-
mentioned Parish, who declare that we believe the statements contained in this Notice to be true.
Witness.
Witness.
w
(w
w
P
Subscribed and declared by the abovenamed in the presence of us the undersigned, householders in the above-
mentioned Parish who declare that we believe the statements contained in this Notice to be true.
Witness.
Witness.
MARRIAGE 35
SCHEDULE E
(Section 18)
Form of Words to be used in the Publication of Banns
SCHEDULE F
(Section 18)
MARRIAGE
OFFICER’S
CERTIFICATE
FORMNo. 1
(Applicable to the case of parties belonging to diflerent Congregations,
or residing in difjerent Parishes)
I, , of , in
the parish of , a Marriage Officer for the Island
of Jamaica, hereby certify that on the day of .
19 ,*
duly gave notice to me of h desire to have the banns of h
intended marriage with*
published and that all the requirements of law in respect of such
notice and publication, so far as the said
is concerned, have been complied with and no objections stated
(or written objections lodged with me.)
Certified by me the said , this &Y
of , 19 .
of , in the
parish of , a Marriage Oflcer
of the Island of Jamaica.
*Give name, surname, condition, calling and place of residence.
-
[The inclusion of this page is authorized by L.N. 480/1973]
36 MARRlAGE
19 ,*
and on the day of , 19 ,+
duly gave notice to me of their desire to have the banns of a marriage
intended between them published and that all the requirements of
law in respect of such notices and publication have been oomplicd
with, and no objections stated (or written objections lodged with me).
Certified by me the said , this day
of 19 .
of , in the
parish of , a Marriage Oficer
of the Island of Jamaica.
SCHEDULE G
(Section 21)
MINISTER’S
LICENCE
Jamaica.
To any Marriage Oficer of this Zsland
These are to licence and permit you to solemnize a marriage between
A.B. (here give name, surname, condition, calling and place of residence
of A.B.) and C.D. (here give name, surname, condition, calling and
place of residence of C.D.) according to the provisions of the Marriage
Act, you knowing no lawful cause or impediment to the contrary.
Given under my hand at , this h Y
of , 19 .
(Signed)
This licence will be void if the marriage is not solemnized within
three months from the date hereof.
*Give name, surname, condition, calling and place of residence.
Dhe inclusion of this page is authorized by L.N. 480/1973]
MARRIAGE 37
(Signed) MA.,
Civil Registrar,
(or of , a Marriage Oficer.
as the case may be).
K -
e.
t;’ particular just and true, and that I believe there is no impediment of kindred or alliance or other lawful hindrance
to such Marriage.
a (c) [And I further declare that (4 the (4
2 (a) Insert name, dwelling-place and description of declarant. (e) Insert the character in which he or she consents.
Parish of
2 PUBLIC NOTICE
5'
2
e5'
U NOTICEhas this day been received by me of Marriage as intended to be solemnized between the following persons
(that is to say)-
E;' Name and Surnamc Condition Calling Place of Residence
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0
60 E
8
y" All objections to a Certificate of due publication of Banns being granted authorizing the celebration of this Marriage
p must be lodged with me in writing within* days from this date by the Objector, who must appear personally
fi to declare to the truth thereof.
.........................................................
E
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CL
A.B. a Marriage
5
Y
Date of Notice.
Officer of the Island of Jamaica.
*Fill in number of days to allow for a period of seven clear days from date of the posting of this notice.
40 MARRIAGE
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Parish and Residence
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Father’s Name and
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s. Married at , in the Parish of
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by (or before) me, a Marriage Officer of the Island of Jamaica.
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solemnized between us .................................... ( ................................................
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z I hereby certify that immediately before the solemnizationof this Marriage, the said solemnly
3 he believed
,w declared to me in the presence of the Witnesses who have above attested this Marriage that
self to be at the point of death Marriage Oficer.
This day of 19
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SCHEDULE %MARRIAGE
1 N e d
(DUPLICATE)REGISTER MARRIAGE IN ARTICULO MORTIS
t i n i n
Age 1 1
Parish and Residence
a"t"
Father's Name and
Surname
:I Married at
by (or before) me.
This Marriage was
, in the Parish of
a Mamage Ofiicer of the
....................................
of
........................................
in the presence of us
wlemnizod between us
.................................... .........................................
I hereby Certify that immediately before the solemnization of this Marriage, the said solemnly
declared to me, in the presence of the Witness who have above attested this Mamage that he believed
self to be at the point of death. Marriage Oficer.
I This day of 19
SCHEDULE N
MARRIAGE FEESAND w:,(;ISTIR FEES
Tcrms Amount of Fee
$
I'qvnhke lo n A lnrriage Oflcer
For cvcry scarch in thc Gcncrdl Rcgistcr OIficc pcr hour 200.00
and cach part of an hour (payablc by persons
rcquiring Ihc scarch) pcr parish
For cvcry ccrtificd copy of an cnlly of a Rcgislcr of 050.00
Marriagc
For cach additional copy of thc samc ccrlificalc applicd 100.00
for at Ihc same timc
For corrcction of an error of fact or substance in a 2.000.00
nlarriagc rcgistcr (payablc by thc pcrson rcquiring Ihc
corrcction to bc n~adc)
For cvcry ccrtificd copy of an cntly of Spccial Liccncc 1.250.00
Rcgistcr of Maniagc (payablc by thc pcrson rcquiring
lhc scrvicc) and delivcry at Esprcss ratc
For witncssing a special liccnce marriagc ccrcmony S.OOO.OO
(payablc by onc of thc parlics lo lhc marriagc or
agcncv co-ordinating thc marriagc) and providing a
special ccrtificatc
No-impediment 5.000.00
I'l'he i t i c l u s ~ o ~ofi this page is autliorirctl by I . N . X7120041
SCHEDULE N. c ~ ) ~ r l c l .
Unitcd States:
Ordinary
Esprcss
Canadian:
Ordinary
Express
United Kingdom:
Ordinary
Express