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Marriage Act

LAWS OF FIJI


Ed. 1978]


CHAPTER 50


MARRIAGE


ARRANGEMENT OF SECTIONS


PART I - PRELIMINARY


SECTION


1. Short title.
2. Interpretation.


PART II - MARRIAGE OFFICERS


3. Registrar-General or district registrar may solemnize marriage.
4. Registration of ministers as marriage officers.
5. Registration of other marriage officers.
6. Change of address, etc., to be notified.
7. Notification of registration of marriage officers.
8. Annual list of marriage officers' names.
9. When names of marriage officers to be omitted
10. Cancellation of marriage officers' registration.
11. When marriage officers not compellable to solemnize marriage


PART III - MARRIAGEABLE AGE AND MARRIAGE OF MINORS


12. Marriageable age.
13. Consent in case of minors.
14. Consent to be attested.


PART IV - MARRIAGES


15. Prohibition of plurality of marriage.
16. Notice of marriage.
17. Filing and posting up of notice.
18. New notice, etc., required if marriage not solemnized within three months.
19. Certificate after twenty-one days' notice.
20. Provision for issue of certificate for marriage where one of the parties resides in England, etc.
21. Special licence.
22. By whom marriages to be solemnized.
23. Declaration of marriage.
24. Power of marriage officers to ask for particulars.
25. Witnesses to marriage and certificate.


PART V - MARRIAGE UNDER THE FOREIGN MARRIAGE ACT, 1892


26. Notice of marriage under Foreign Marriage Act, 1892.
27. Filing and posting notice.
28. Certificate of Registrar-General.


PART VI - OFFENCES


29. Persons pretending to be ministers.
30. Penalty on solemnizing a marriage without production of certificate.
31. Penalty for marrying minors without consent.
32. Penalty for solemnizing marriages without being registered.
33. Penalty for failure to require declaration.
34. Penalty for omission to transmit certificate, etc.
35. Falsely pretending to be a marriage officer.


PART VII - MISCELLANEOUS


36. Additional religious ceremony.
37. Divorce.
38. Validity of registered marriage.
39. Marriage in articulo mortis.
40. Regulations.


---------------------------------------


Ordinances Nos. 9 of 1968 3 of 1970


AN ACT TO PROVIDE FOR THE SOLEMNIZATION OF MARRIAGES


[1st January, 1969]


PART I - PRELIMINARY


Short title


1. This Act may be cited as the Marriage Act.


Interpretation


2. In this Act unless the context otherwise requires-


"district" means the registration area of a district registry under the provisions of the Births, Deaths and Marriages Registration Act;


"district registrar" has the same meaning as in the Births, Deaths and Marriages Registration Act;

(Cap. 49.)


"magistrate" means a magistrate appointed under the provisions of the Magistrates' Courts Act and includes every Fijian Magistrate appointed under the Fijian Affairs Act;
(Cap. 14)


"marriage officer" means the Registrar-General or a district registrar or any person registered as a marriage officer under the provisions of this Act or any other suitable person appointed by the Registrar-General by notice in the Gazette for the purpose of solemnizing marriages on his behalf.
(Cap. 120)


"minister of religion" means a person recognized by a religious body or organization of the Christian faith as having authority to solemnize marriages in accordance with the rites or customs of such body or organization;


"minor" means a person under the age of twenty-one years.


PART II - MARRIAGE OFFICERS


Registrar-General or district registrar may solemnize marriage


3. The Registrar-General may solemnize marriages in any place in Fiji and a district registrar may solemnize marriages within the limits of his district.


Registration of ministers as marriage officers


4. The Registrar-General, on application in the prescribed form in the name of any minister of religion under the hand of such minister or that of the head in Fiji of the denomination to which he belongs, may register such minister as a marriage officer for solemnizing marriages in Fiji.


Registration of other marriage officers


5. Any person, other than a minister of religion, professing any recognized religion may apply to the Registrar-General, in the prescribed manner, for registration as a marriage officer in which event the Registrar-General may, in his discretion, upon being satisfied that there is a need for a marriage officer of that particular religion, register such person as a marriage officer for the purpose of solemnizing marriages in Fiji.


Change of address, etc., to be notified


6. (1) Whenever any marriage officer registered under the provisions of either of sections 4 or 5 changes his name, address or designation he shall, within one month next after such change, notify the Registrar-General thereof.


(2) The Registrar-General, may, upon receiving notification of any change under the provisions of subsection (1), amend the registration and shall, if he deems it necessary, publish particulars of the change in the Gazette.


Notification of registration of marriage officers


7. When the Registrar-General registers a marriage officer, under the provisions of section 5, he shall, within one month after such registration, notify in the Gazette the name of the marriage officer so registered.


Annual list of marriage officers' names


8. The Registrar-General shall, once in every year, publish in the Gazette a list of the names, addresses, designations and denominations of all marriage officers then duly registered and every such annual publication shall be prima facie evidence in all courts of justice that the persons therein named and no others were at the time of such publication duly registered as marriage officers.


When names of marriage officers to be omitted


9. Whenever the Registrar-General shall become aware that any registered marriage officer is dead or has left Fiji or has ceased to officiate as a marriage officer or when the registration of any marriage officer has been cancelled under the provisions of section 10, he shall omit the name of such marriage officer from the next annual publication of the names of registered marriage officers.


Cancellation of marriage officers' registration


10. The Registrar-General may, in any case where he in his discretion deems such action advisable, cancel at any time the registration of any marriage officer and publication in the Gazette shall be sufficient notification of such cancellation.


When marriage officers not compellable to solemnize marriage


11. Nothing contained in this Act shall be deemed to compel any marriage officer registered under the provisions of sections 4 or 5 to solemnize any marriage between parties either of whom shall not be a member of his own religious denomination or otherwise than according to the rites and usages of such denomination nor unless he shall be satisfied by the declaration of the parties or otherwise that the proposed marriage is consistent with such rites and usages.


PART III - MARRIAGEABLE AGE AND MARRIAGE OF MINORS


Marriageable age


12. Any person may contract a valid marriage under the provisions of this Act if such person is, in the case of a male, of the age of eighteen years or upwards, or, in the case of a female, of the age of sixteen years or upwards.


Consent in case of minors


13. (1) If either of the parties to a proposed marriage is under the age of twenty-one years, such marriage shall not be performed without the prior consent of-


(a) the father of such party; or


(b) in the event of the father being dead or out of Fiji, the mother of such party; or


(c) in the event of neither of the parents being alive or in Fiji, or if the father or the mother, as the case may be, refuses or withholds such consent or is from any other cause incapable or unable to give such consent, a Commissioner or a magistrate.


(2) Any applications under the provisions of paragraph (c) of subsection (1) shall be made on the prescribed form to a Commissioner or magistrate who shall make inquiry on oath as to the facts and circumstances of the case and, if the Commissioner or magistrate is satisfied that there is no parent alive or in Fiji or that the parent whose consent would otherwise be required has refused such consent unreasonably or is incapable or unable to give such consent, he may give the required consent in the manner prescribed.


(3) Where a Commissioner or a magistrate gives his consent to the marriage of a minor, such consent shall operate for the purposes of this Act, as the consent of the parent whose consent would otherwise have been required.


(4) For the purposes of this section "father" in relation to an illegitimate child, means the person who, in connexion with the registration of such child, has acknowledged paternity.


Consent to be attested


14. Every consent to the marriage of a minor given under the provisions of paragraphs (a) or (b) of subsection (1) of section 13 shall be given in the prescribed form and shall be attested by the Registrar-General or a district registrar or other marriage officer.
(Amended by 3 of 1970, s. 2.)


PART IV - MARRIAGES


Prohibition of plurality of marriage


15. Marriage in Fiji shall be the voluntary union of one man to one woman to the exclusion of all others.


Notice of marriage


16. (1) Where a marriage is intended to be solemnized under the provisions of this Act, notice of marriage in the prescribed form shall be given-


(a) if the parties to be married have resided in the same district for the period of seven days immediately before the giving of the notice, by either of the parties to the district registrar of that district;


(b) if the parties to the marriage have not resided in the same district for such period of seven days, by each party to the district registrar of the district where such individual party resides:


Provided that the notice of marriage shall, in the district of Suva, be given to the Registrar-General.


(2) Every person giving notice or marriage under the provisions of subsection (1) shall make a solemn declaration in the prescribed form before the Registrar-General or a district registrar to whom such notice is required to be given and shall, at the same time, produce the written consent, if any, required under the provisions of section 13.


(3) The Registrar-General or a district registrar may require every person giving notice under the provisions of this section to produce documentary evidence to verify the particulars given or statements made in such notice.


Filing and posting up of notice


17. The Registrar-General or the district registrar, as the case may be, shall file in his office every such notice and any consent required to be produced therewith and shall forthwith post up in some conspicuous place in or near such office a true copy of every such notice and shall keep the same so posted up during twenty-one consecutive days before the marriage is solemnized under the notice. At the same time a true copy of every such notice shall also be similarly posted up in some conspicuous place in the registry office nearest to the place of residence of each party to the intended marriage.


New notice, etc., required if marriage not solemnized within three months


18. In the event of the marriage intended to be solemnized not taking place within three months after the date of the posting up of the notice under the provisions of section 17, the notice and any certificate for marriage granted in connexion therewith and any consent given for the proposed marriage shall be void and the intended marriage shall not be solemnized under such notice or certificate.


Certificate after twenty-one days' notice


19. (1) At any time not more than three months nor less than twenty-one clear days after the posting up of the copy of the notice referred to in section 17, the Registrar-General or the district registrar, as the case may be, upon request by or on behalf of the party by whom such notice was given, and in the case no lawful impediment shall have been shown to the satisfaction of the Registrar-General or the district registrar, as the case may be, why such certificate should not issue, shall issue under his hand a certificate in the prescribed form to the effect that the notice required by section 16 has been duly given and that twenty-one clear days have elapsed since the date of the posting up of the copy of such notice.


(2) If any person shall knowingly and wilfully marry without a certificate for marriage (except as provided in section 21) the marriage of such person shall be null and void.


Provision for issue of certificate for marriage where one of the parties resides in England, etc.


20. (1) Where a marriage is intended to be solemnized in Fiji between a British subject resident in Fiji and a British subject resident in England, Scotland or Ireland, a certificate for marriage issued by a superintendent registrar in England, and a certificate for marriage issued by a registrar or a certificate of proclamation of banns in Scotland, and a certificate for marriage issued by a registrar in Ireland, shall be deemed to have the same force and effect as a certificate for marriage issued under the provisions of this Act.


(2) Where a marriage is intended to be solemnized or contracted in the United Kingdom between a British subject resident in Fiji and a British subject resident in England, Scotland or Ireland, a certificate for marriage may be issued in Fiji by the Registrar-General or by a district registrar in like manner as if the marriage was to be solemnized in Fiji under circumstances requiring the issue of such a certificate and as if both such British subjects were resident in Fiji:


Provided that in the case of the issue as aforesaid of a certificate for marriage by a district registrar, the same shall be duly authenticated under the hand and seal of the Registrar-General.


Special licence


21. (1) Notwithstanding the other provisions of this Act, where a marriage is intended to be solemnized in Fiji, the Registrar-General* at any time, on application in the prescribed form by both parties to the intended marriage attested by the Registrar-General* or a district registrar upon production of such evidence to prove that there is no lawful impediment to the intended marriage as the Registrar-General* may require, and upon payment of the prescribed fee, may grant a special licence authorizing the solemnization of the said marriage between the said parties within such time, not exceeding twenty-eight days, as shall be named therein:


Provided that the Registrar-General* may, in such special circumstances as he thinks fit, grant a special licence on application by one of the parties to the intended marriage.


[*Delegated to Registrar-General, Assistant Registrar or Executive Officer assigned to the Births Deaths and Marriages section with effect from 10th November, 1970 by Notice 26th June 1975]


By whom marriages to be solemnized


22. (1) No marriage shall be solemnized by a marriage officer to whom the provisions of sections 4 and 5 apply unless his name, designation and address shall have been registered and shall then continue registered in the office of the Registrar-General:


Provided that no marriage in fact shall be void by reason only of the same having been solemnized by a person not being a registered marriage officer if either of the parties to the marriage shall at the time believe in good faith that he was such a marriage officer.


(2) Where the parties to be married shall so elect, the marriage may be solemnized between the parties by the Registrar-General in any place within Fiji, or by a district registrar within the limits of the district assigned to him, in the prescribed form of words to be repeated and signed by the parties to such marriage respectively.


Declaration of marriage


23. In every case of solemnization of marriage under the provisions of this Act, the marriage officer shall require each of the parties in some part of the ceremony in his presence and in the presence of the officiating marriage officer and witnesses to say to the other "I call upon these persons here present to witness that I, A.B., do take you, C.D., to be my lawful wedded wife (or husband)", or words as nearly corresponding thereto as circumstances will permit.


Power of Marriage Officers to Ask for Particulars


24. Any marriage officer may ask of any person married or about to be married the several particulars required under the provisions of this Act touching any such marriage.


Witnesses to marriage and certificate


25. (1) Every marriage shall be solemnized in the presence of two or more witnesses who shall sign a certificate which shall also be signed by the marriage officer solemnizing the marriage and by the parties thereto in the presence of such witnesses and shall be legibly written (or partly written and partly printed) in the prescribed form.


(2) The marriage officer solemnizing the marriage shall deliver a copy of such certificate immediately after the marriage duly signed as aforesaid, to one of the parties to the marriage and shall within seven days thereafter transmit the original certificate to the district registrar of the district in which the marriage was solemnized.


(3) Every marriage officer shall on the last day of March, June, September and December in each year or so soon thereafter as may be practicable, transmit to the Registrar-General in the prescribed form a return of all marriages solemnized by him during the preceding three months.


PART V - MARRIAGE UNDER THE FOREIGN MARRIAGE ACT, 1892


Notice of marriage under Foreign Marriage Act, 1892


26. Where a marriage is intended to be solemnized in any foreign country under the Foreign Marriage Act, 1892, of the United Kingdom, a notice in the prescribed form of such marriage shall be given by one of the parties intending such marriage who has had his or her usual place of abode for a period of not less than one week (or for such other period as may be hereafter prescribed by the Minister for the purposes of the said Act) immediately preceding in some place within Fiji to the Registrar-General.


Filing and posting notice


27. The Registrar-General shall file every such notice and shall enter a copy thereof in a book to be kept for that purpose and shall publish such notice by forthwith posting up the same in a conspicuous place in his office and shall keep the same so posted up during fourteen consecutive days. Such book and the copy so posted up shall be open at all reasonable times without fee to the inspection of any person.


Certificate of Registrar-General


28. The Registrar-General, if he is satisfied that the party giving such notice has actually been resident in Fiji for not less than one week (or such other period as the Minister may prescribe) immediately preceding the giving of such notice, and unless he is aware of any impediment or objection which should obstruct the solemnization of the marriage, shall, on payment of the prescribed fee, give a certificate in the prescribed form that such notice has been so given and published as aforesaid.


PART VI - OFFENCES


Persons pretending to be ministers


29. If any person shall cause his name to be registered under the provisions of this Act as a minister of religion, he being at the time not such a minister and knowing himself not to be such, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred dollars or to imprisonment for any term not exceeding two years.


Penalty on solemnizing a marriage without production of certificate


30. Any person who solemnizes any marriage between parties, unless by special licence as hereinbefore provided in this Act, without first having had produced to him a certificate or certificates for marriage and having satisfied himself that such certificate is or such certificates are still in full force and effect shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.


Penalty for marrying minors without consent


31. Every person who wilfully and unlawfully marries a person under the age of twenty-one years, not having been previously married, without having previously obtained such consent to the marriage as is required by this Act, or who induces or endeavours to induce any marriage officer or other person to solemnize marriage between parties one of whom he or she knows to be under age without such consent, and every person who abets or assists the offender in any such act or endeavour knowing the same to be illegal, shall severally be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding two years.


Penalty for solemnizing marriages without being registered


32. Every marriage officer who solemnizes any marriage knowing that his name, designation or usual residence has not been registered under the provisions of this Act or is not then duly registered shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars or to imprisonment for any term not exceeding six months.


Penalty for failure to require declaration


33. Any marriage officer who solemnizes any marriage without requiring the parties thereto to make the declaration of marriage referred to in section 23 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars and further to have his registration as a marriage officer cancelled.


Penalty for omission to transmit certificate, etc.


34. Any marriage officer or other person who fails to comply with the provisions of this Act or any of them respecting the certificate of marriage or return of marriages required to be transmitted to the Registrar-General or the district registrar, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars.


Falsely pretending to be a marriage officer


35. Any person who falsely pretends to be a marriage officer and knowingly and wilfully acts in such capacity in relation to the solemnization of any marriage shall be guilty of an offence and shall be liable on conviction to imprisonment for any term not exceeding seven years.


PART VII - MISCELLANEOUS


Additional religious ceremony


36. (1) At any time after the solemnization of a marriage by the Registrar-General or a district registrar, the parties to such marriage may, if they so desire, upon the production of the certificate of the Registrar-General or district registrar as to the marriage, have a further marriage service performed according to the form ordained or used by the religion or religious denomination to which either or each of such parties belong.


(2) Nothing in the reading or celebration of a marriage service under the provisions of subsection (1) shall supersede or invalidate any marriage previously solemnized nor shall such reading or celebration be entered as a marriage in the register of marriages.


Divorce


37. Any divorce duly granted to any person by the Supreme Court shall be forthwith notified by the Chief Registrar of the Court to the Registrar-General who shall duly record the fact of such divorce on the entry of marriage, if any.


Validity of registered marriage


38. Every marriage duly solemnized under the provisions of this Act unless therein expressly declared to be void shall be deemed to be good and valid in law until the contrary be proved.


Marriage in articulo mortis


39. (1) Any marriage officer may, without previous publication and without any other formality required by this Act solemnize a marriage between two persons one of whom is in articulo mortis and such marriage shall, subject to the following provisions, be as valid as if it had been celebrated by a marriage officer in conformity with the provisions of this Act.


(2) No marriage under the provisions of subsection (1) shall be celebrated unless-


(a) both parties are able to signify their consent thereto and affix their signatures or marks to the certificate of marriage in the presence of two witnesses, both of whom shall mark or sign the certificate; and


(b) when the intended parties are under the age of twenty-one years, the father or mother or other person required to give consent under this Act, has authorized the marriage in writing or given his or her consent thereto by signing or marking the certificate of marriage.


(3) It shall be the duty of any marriage officer solemnizing a marriage under the provisions of this section forthwith to forward the marriage certificate referred to in subsection (2) to the Registrar-General or a district registrar, as the case may be.


Regulations


40. The Registrar-General may, subject to the approval of the Minister, make regulations from time to time for carrying out the provisions of this Act, prescribing the forms to be used, the procedure to be adopted and the fees to be charged in connexion with the provisions of this Act.


Subsidiary Legislation


CHAPTER 50


MARRIAGE


SECTION 40 - MARRIAGE REGULATIONS


Made by the Registrar-General


Regulations 19th June, 1968, 9th May, 1973, 10th October, 1973, 19th October 1973, 25th November, 1974, 4th December, 1978


Short title


1. These Regulations may be cited as the Marriage Regulations.


Notice of marriage, etc., how kept


2. Subject to the provisions of regulation 3, the original of every notice of marriage and declaration received by the Registrar-General or a district registrar shall be kept in the office of the Registrar-General or district registrar, as the case may be, and numbered consecutively, beginning with a fresh series at the commencement of each year.


Preservation of notice of marriage


3. Immediately after the end of March, June, September and December in each year, each district registrar shall forward to the Registrar-General the original of every notice of marriage and declaration received by such district registrar in the quarter ending the 31st day of December of the previous year and the 31st day of March, the 30th day of June and the 30th day of September of the current year, respectively.


Notice of marriage to be bound in book form


4. Every notice of marriage and declaration in respect of the previous year received by the Registrar-General including those referred to in regulation 2, shall be bound in book form and preserved in the office of the Registrar-General.


Date of issue of certificate for marriage to be endorsed on notice


5. The date of issue of the certificate for marriage shall be endorsed on the original of every notice of marriage.


Application for special licence how preserved


6. Every application for a special licence received by the Registrar-General shall be kept in his office and numbered consecutively, beginning with a fresh series at the commencement of each year, and shall at the end of each year be bound up in book form and preserved by the Registrar-General.


Marriage officer not to perform marriage without certificate, etc.


7. No marriage officer shall perform any marriage between parties, unless by special licence granted under the provisions of section 21 of the Act or in pursuance of the provisions of section 36 of the Act, without first having had produced to him a certificate or certificates for marriage, as the case may be, and having satisfied himself that such certificate or certificates are still in force and effect.


Certificate of marriage


8. (1) The Registrar-General shall cause certificates of marriage in triplicate in book form to be prepared in the prescribed form and delivered to each marriage officer.


(2) The certificate of marriage shall be signed in triplicate by the officiating marriage officer, by the parties, and by two or more witnesses.


(3) The marriage officer shall deliver the duplicate copy of the certificate of marriage to the parties immediately after the marriage and shall, within seven days thereafter, transmit the original copy to the district registrar of the district where the marriage was solemnized and shall retain the triplicate in the book.


(4) The marriage officer shall return to the Registrar-General, the triplicate copies of the certificate of marriage as soon as a book has been completed or, if he ceases to be a marriage officer, the triplicate copies and all unused certificates.


Marriage before Registrar-General or district registrar


9. (1) Every marriage before the Registrar-General or a district registrar shall take place in the presence of two or more witnesses, and in the following manner:-


(a) the Registrar-General or district registrar shall first address the parties to the following effect-


"Before you are joined in matrimony, it is my duty to remind you of the solemn and binding character of a marriage in this registry (or place) which is in law the voluntary union of one man and one woman to the exclusion of all others. Know you, therefore, A.B., and C.D., that, by the public taking of each other as man and wife in my presence and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature need take place."; and


(b) each of the parties shall then say to the other-


"I call upon all persons here present to witness that I, A.B. do take you C.D., to be my lawful wedded wife (or husband)";


(c) the Registrar-General or district registrar shall then state to the parties-


"In pursuance of the powers conferred upon me by the Marriage Act, I now pronounce you to be man and wife.".


(2) The Registrar-General or district registrar and the parties and witnesses shall thereupon sign the certificates of marriage in the form and manner hereinbefore prescribed.


Fees


10. The fees specified in the First Schedule shall be charged by the Registrar-General or district registrar in respect of the several matters specified in such Schedule.


Forms


11. The forms set out in the Second Schedule, with such modifications as the Registrar shall from time to time determine to be necessary, shall be the forms to be used for the purposes of these Regulations.

(Substituted by Regulations 4th December, 1978)


FIRST SCHEDULE
FEES

$
1. Notice of Marriage and Declaration (including Certificate for Marriage) 2.00
2. Application for Special Licence (including Special Licence) 13.00
3. Registrar-General or district registrar solemnizing marriage (including
Certificate of Marriage) 2.00


SECOND SCHEDULE


FORM No. 1
(Section 4)


APPLICATION BY A MINISTER OF RELIGION FOR REGISTRATION AS A
MARRIAGE OFFICER


To: The Registrar-General.


(1) * (a) I hereby apply to be registered, or
* (b) I hereby apply for the registration of the undermentioned minister as a marriage officer under section 4 of the Marriage Act.


Name of Minister in full (BLOCK LETTERS)
Designation
Address in full
Denomination


(2) I hereby declare that-


* (a) I am }
* (b) the above-named minister is } authorized by the
......................................................................................................

(name of religious body or organization)

to solemnize marriages in accordance with the rites or customs of such body or organization.


Signature of Applicant or
Head of denomination.

[*Delete (a) or (b) as appropriate.]


FORM No. 2
(Section 5)


APPLICATION BY A PERSON, OTHER THAN A MINISTER OF RELIGION FOR REGISTRATION AS A MARRIAGE OFFICER


To: The Registrar-General.


1. I hereby apply to be registered as a Marriage Officer under section 5 of the Marriage Act.


Name in full
Father s name if Indian
Religion Sect
Date of birth Place of birth


Dated at this day of , 19 .


Signature of Applicant.


2. Sponsored by .................................................................................................

(name of religious body sponsoring applicant)


who comment as follows-
Dated at this day of , 19 .

Signature of head of sponsoring body.


FORM No. 3
(Substituted by Regulations 19th October, 1973)


CONSENT TO MARRIAGE OF MINOR
(Sections 13 and 14)


I....................................................................................................................,

(Full name, also f/n if Indian)


of ...................................................................................................

(Full Address)


(a) the father of ...................................................................., or


(b) the mother of ..................................................................................
the father having died or being absent from Fiji,


hereby consent to the marriage of the said ...........................................................
......................................................................................................
with................................................................................................

(Full name of other party, also f/n if Indian)


of ................................................................................................................

(Full Address)

...................................................................................................


Dated at ............................ this .................. day of .................. , 19.......


......................................................................................................

Signature of father/mother Signed in the presence of Registrar-General or District Registrar


FORM No. 4
(Section 13)


NOTICE OF APPLICATION TO COMMISSIONER/MAGISTRATE FOR
CONSENT TO MARRY


No. of 19

In the matter of an application under section 13 (1) (c) and 13 (2) of the Marriage Act


I, ......................................................................................................

(full name; also f/n, if Indian, address and occupation)


who was born on the .........................day of ....................................., 19............ , give notice that I intend to make application under sections 13 (1) (c) and 13 (2) of the Marriage Act to the Commissioner/Magistrate for his consent to my proposed marriage with ..................................................................................................................

(full name, also f/n, if Indian, address and occupation)

who was born on the .........................day of ....................................., 19 ..........., in the place of the consent of .......................................................

(full name, also f/n, if Indian, address and occupation)

who is my father/mother.


*2. My said father/mother refused to consent to my marriage, or
*2. My said father/mother is/are deceased, or
*2. My said father/mother is/are absent from Fiji.


[* Delete as appropriate]


FORM No. 5
(Section 13 (2))


CONSENT OF COMMISSIONER/MAGISTRATE
ON APPLICATION UNDER SECTION 13 (2)


Upon holding an inquiry into the relevant facts and circumstances concerning the application made by .............................................................................................................

(full name, also f/n, if Indian, address and occupation)


for my consent to his/her proposed marriage with ............................................

(full name, also f/n, if Indian, address and occupation)


in place of the consent of ....................................................................

(full name, also f/n, if Indian, address and occupation)


the father/mother of the said ..............................................................................


I, .....................................................................................................................
a person who holds the office as Commissioner of a Division/Magistrate am satisfied that the said ..................................................................................................................
who refused to consent to the marriage, so refused unreasonably, or is/are deceased, or is/are absent from Fiji, and I therefore give my consent to the proposed marriage in place of the consent of the said ...........................................................................................................


Dated at this .............................day of .................................., 19...........

Signature

Title


FORM No. 6
(Substituted by Regulations 10th October, 1973)


NOTICE OF INTENTION TO MARRY
(Marriage Act. sections 16 and 21)


Notice is hereby given that a marriage is intended to take place with in.......................... months/days from the date hereof between the undermentioned parties.


PARTICULARS
BRIDEGROOM
BRIDE
Full name


Full date and year of birth


Profession or occupation


Status (bachelor, spinster, widower, widow, divorced)


Birthplace


Address of usual residence and for what period


Father's full name


Mother's full name and maiden surname



And I/We the said .................................... solemnly declare the I/We believe there is no
lawful impediment or objection by reason of kindred or alliance or any other lawful hindrance to our marriage and that the parties to the intended marriage have for the space of seven days immediately preceding the giving of this notice resided as herein stated. (Not required for application for special licence.)


And I further declare that-


(a) I am not a minor under the age of 21 years; and


(b) the other party herein named and described is not a minor under the age of 21 years.


And I further declare that I am a minor under the age of 21 years and that the consent of .........................................., whose consent to my marriage is required by law, has been obtained.


And I further declare that the other party herein named and described is a minor under the age of 21 years and that the consent of ................................................ whose consent to his/her marriage is required by law, has been obtained.


And I/we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act.


_____________________________________________________________________
Signed and declared before me by the above-named ...........................at ...............................
this .............................day of ................................., 19.............
______________________________________________________________________


Signature of Declarant

Signature of Registrar-General or District Registrar

Signed and declared before me by the above-named ....................................... at ...................
this ..........................day of ...............................................,19................
______________________________________________________________________


Signature of Declarant

Signature of Registrar-General or District Registrar

FORM No. 7
(Section 19)


CERTIFICATE FOR MARRIAGE


I,......................................................................................................
Registrar-General/District Registrar of the district of ...........................................................
do hereby certify that on the ........................day of .......................... , 19......, notice was duly given by ..................................................... one of the parties, of the marriage intended between the undermentioned parties:-


PARTICULARS
BRIDEGROOM
BRIDE
Name and surname in full


Age and full date and year of birth


Profession or occupation


Status (bachelor, spinster, widower, widow or divorced)


Birthplace


Place of residence in full and for what period


Father's name and surname in full


Father's profession


Mother's name and maiden surname in full



Date of posting up of copy of notice ...................................................................


And I do hereby further certify that twenty-one clear days have elapsed since the date of the posting up of the copy of such notice, and that no lawful impediment has been shown why this certificate should not issue.


Given under my hand at ........................ this ..............day of .............. 19.....


Registrar-General/District Registrar of the district of ..............................................


This certificate will be void unless the intended marriage is solemnized on or before the ............. day of ..................................... 19................


FORM No. 8
(Substituted by Regulations 19th October, 1973)


APPLICATION FOR SPECIAL LICENCE
(Section 21)


Application is hereby made for a Special Licence under the provisions of section 21 of the Marriage Act, for a marriage intended to be solemnized between the undermentioned parties:-


PARTICULARS
BRIDEGROOM
BRIDE
Full Name


Age and Date and Year of Birth


Profession or Occupation


Status (bachelor, spinster, widower, widow or divorced)


Birth Place


Address of usual residence and for what period


Father's full Name


Mother's full Name and Maiden surname in Full



And I/we the said ...................................... do hereby solemnly declare that I/we believe there is no impediment or lawful objection by reason of kindred or alliance or any other lawful hindrance to-


*(a) my marriage to the said.......................................................

*(b) our marriage


+And I/we further declare that-


(a) the said .......................................... is not a minor under the age of 21 years and that


(b) the said .......................................... is not a minor under the age of 21 years


+And I/we further state that the said ......................................... is a minor under the age of 21 years and that the consent of ............................................... whose consent to my/his/her marriage is required by law, has been duly obtained thereto.


+And I/we further declare that the said ....................................... is a minor under the age of 21 years and that the consent of ................................................ whose consent to my/his/her marriage is required by law, has been duly obtained thereto.


And I/we make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act.
______________________________________________________________________


Signed and declared before me by the above-named ................................ at......................... this ......................... day of ........................, 19.........


Before me,
........................................................................
Signature of Declarant Registrar-General or District Registrar
_______________________________________________________________________


Signed and declared before me by the above-named ................................ at......................... this ............. day of .............................., 19...........


Before me,
.......................................................................
Signature of Declarant Registrar-General or District Registrar


[*Delete (a) or (b) as appropriate
+Delete if inapplicable.]


FORM No 9
(Substituted by Regulations 19th October, 1973)


SPECIAL LICENCE
(Section 21)


I ....................................................... Registrar-General of Fiji, in pursuance of the powers conferred upon me by section 21 of the Marriage Act, it having been proved to my satisfaction that there is no lawful impediment to the marriage between the undermentioned parties do hereby authorise and permit the marriage of the said parties on or before the .......................... day of .........................................19..........


PARTICULARS
BRIDEGROOM
BRIDE
Full Name


Age and Date and Year of Birth


Profession or Occupation


Status (bachelor, spinster, widower, widow or divorced)


Birth Place


Address of usual Residence and for what Period


Father's full Name


Mother's full Name and Maiden surname in Full



Given under my hand at ................................. , Fiji, this .....................................day of ..............................., 19.............


..........................................

Registrar-General


FORM No. 10
(Section 25)
(Substituted by Regulations 9th May, 1973)


CERTIFICATE OF MARRIAGE
(Marriage Act)


PARTICULARS
BRIDEGROOM
BRIDE
Full Name


Age or date of birth, if known


Profession or Occupation


Status (bachelor, spinster, widower, widow or divorced)


Birthplace


Place of residence


Father's full name


Mother's full name and maiden surname


Date and place of marriage
Date
Place
This marriage was Solemnized between us (Signatures of parties)
Bridegroom
Bride
In the presence of



Names of Witnesses (in BLOCK LETTERS)
Signature of Witnesses
Married according to law, after delivery to me of the Certificate for Marriage, required by the Marriage Act.



Registered No.
Name of Marriage Officer (in BLOCK LETTERS)
Signature of Marriage Officer

FORM NO. 11
(Section 25 (3))


QUARTERLY RETURN OF MARRIAGES TO BE MADE TO
REGISTRAR-GENERAL


Return for quarter ended ..............................................., 19.........


Names of parties and residence shown in certificate for marriage or special licence
Date and place of marriage
Date of issue of certificate(s) for marriage or special licence and by whom issued
Last day of validity of certificate for marriage or special licence













































Dated this ...................... day ................................................ , 19........


(Name of Marriage Officer
IN BLOCK LETTERS) Signature of Marriage Officer.
_____________________________________________________________________


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