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Vanuatu Consolidated Legislation - 1988 |
Commencement: 21 June 1971
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 60
MARRIAGE
JR 16 of 1970
JR 39 of 1975
JR 34 of 1981
ARRANGEMENT OF SECTIONS
SECTION
PART I
The Various Forms of Marriage and the Persons
Authorised to Celebrate Marriages
3. Registration of ministers for celebrating marriages
PART II
4. Posting of notice of intended marriage
5. Form of notice of intended marriage
6. Notice not required when banns of marriage called
7. Declaration prior to marriage
8. Proof of impediment to marriage
PART III
The Celebration of Marriages
9. Marriages not to contravene Cap. 45
10. Formalities of custom marriage
11. Number of witnesses required at celebration of marriage
12. Place of celebration of marriage
13. Formalities of marriage celebrated before a minister for celebrating marriages
14. Formalities of marriage celebrated before District Registrar
PART IV
15. Registration of marriage
PART V
Other Provisions
16. Parties unable to write to place their mark or cross on notice or declaration
17. Certified copy of register admissible in evidence
18. Offence for unauthorised person to celebrate marriage
19. Offence to make false declaration to contract marriage
20. Saving
SCHEDULE 1-Form A-Notice of intended marriage
Form B-Notice of intended marriage
Form C-Notice of marriage
SCHEDULE 2-Form of marriage ceremony before a District Registrar
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MARRIAGE
To provide for the validity of marriages.
PART I
THE VARIOUS FORMS OF MARRIAGE AND THE
PERSONS AUTHORISED TO CELEBRATE MARRIAGES
PERSONS BEFORE WHOM MARRIAGE MAY BE CELEBRATED
(a) before a District Registrar;
(b) before a minister for celebrating marriages; or
(c) in accordance with custom;
and in accordance with the provisions of this Act.
APPOINTMENT OF DISTRICT REGISTRARS
(2) The instrument of appointment of a District Registrar shall declare the district within which he may celebrate marriages.
(3) The jurisdiction of each District Registrar shall be limited to the District to which he has been appointed. The Minister responsible for home affairs may appoint an additional District Registrar to a district who shall exercise concurrently with the office holder the functions conferred upon him by this Act.
REGISTRATION OF MINISTERS FOR CELEBRATING MARRIAGES
(2) If any minister so registered dies or departs permanently from Vanuatu or is by the head of his denomination deprived of his office of minister, the Minister responsible for home affairs, upon being satisfied of the facts, shall remove the name of such minister from the register.
(3) No marriage shall be rendered void by reason only of the same having been celebrated by a person not being a duly registered minister, if either of the parties to the marriage bona fide believes at the time that he was a duly registered minister.
(4) Whenever any person desires to be married solely by custom he shall before the marriage may be celebrated fulfil the pre-marital requirements of the custom under which he desires to be married. Any person wishing to contest the validity of such a marriage shall first prove that these requirements have not been fulfilled.
PART II
FORMALITIES BEFORE MARRIAGE
POSTING OF NOTICE OF INTENDED MARRIAGE
Such notice shall be posted at least 3 weeks before the date of such intended marriage, and shall remain posted until the celebration of the marriage or until the expiration of 3 months from the date of the notice, whichever shall first happen. If, for any reason, the marriage be not celebrated within 3 months from the date on which the notice shall have been given as required by this section, fresh notice must be given in the manner herein before set out. The notice of marriage used for religious marriage shall be attached by the minister for celebrating marriages to the copy of the marriage certificate which is sent to the District Registrar in accordance with the provisions of section 15.
FORM OF NOTICE OF INTENDED MARRIAGE
NOTICE NOT REQUIRED WHEN BANNS OF MARRIAGE CALLED
DECLARATION PRIOR TO MARRIAGE
PROOF OF IMPEDIMENT TO MARRIAGE
PART III
THE CELEBRATION OF MARRIAGES
MARRIAGES NOT TO CONTRAVENE CAP. 45
FORMALITIES OF CUSTOM MARRIAGE
NUMBER OF WITNESSES REQUIRED AT CELEBRATION OF MARRIAGE
PLACE OF CELEBRATION OF MARRIAGE
Provided that when one or other of the parties to an intended marriage is in extremis, or in any other case where the circumstances so require, a District Registrar or a minister for celebrating marriages may celebrate a marriage in a place other than those prescribed in this Act.
FORMALITIES OF MARRIAGE CELEBRATED BEFORE A MINISTER FOR CELEBRATING MARRIAGES
FORMALITIES OF MARRIAGE CELEBRATED BEFORE DISTRICT REGISTRAR
PART IV
FORMALITIES AFTER MARRIAGE
REGISTRATION OF MARRIAGE
(2) Where the marriage is performed by a minister for celebrating marriages, the person performing the ceremony of marriage and, in the case of a custom marriage, the bridegroom or the head of his family or the head of the bride's family or the chief of the village of either of the parties or an assessor, who was present at the marriage, shall thereafter forward to the District Registrar on the first occasion possible a notice as prescribed in Form C in Schedule 1.
(3) In all cases, the parties to the marriage shall be issued by the Registrar-General with a certified copy of the page of the Central Register relating to their marriage.
PART V
OTHER PROVISIONS
PARTIES UNABLE TO WRITE TO PLACE THEIR MARK OR CROSS ON NOTICE OR DECLARATION
CERTIFIED COPY OF REGISTER ADMISSIBLE IN EVIDENCE
OFFENCE FOR UNAUTHORISED PERSON TO CELEBRATE MARRIAGE
OFFENCE TO MAKE FALSE DECLARATION TO CONTRACT MARRIAGE
SAVING
FEES
____________________________-
SCHEDULE 1
FORM A
NOTICE OF INTENDED MARRIAGE
Notice is hereby given that a marriage is intended to be celebrated within 3 months of the date hereof between the undersigned.
The marriage will take place at ............................................................................................
Name | Condition | Occupation Rank or Profession | Age | Place of Residence | Consent, if any, and by whom given |
1. 2. | | | | | |
those our hands this ......................... day of .............................. 19..........
................................................................
(Signature)
................................................................
(Signature)
(section 16)
Certificate of the District Registrar or
the Minister for Celebrating Marriages
(To be completed only if either of the parties to the intended marriage is unable to write.)
Signed by the said ........................................ at ........................................... on the ......................... day of ................................... 19..........
This notice was interpreted to him/her in the ....................................................................... language by .................................................................... He/She seemed to understand the nature and purpose thereof and made his/her mark thereto in my presence.
Signed .......................................................
_____________________
(section 6)
FORM B
NOTICE OF INTENDED MARRIAGE
Calling of Banns
To: The District Registrar at ............................................................................................
I hereby declare that the Banns of Marriage between ..........................................................
and ............................................................ have been called on 3 successive Sabbaths during public service of
worship, the dates being
(1) ....................................... (2) ....................................... and (3) ....................................
Date .............................................. ..................................................................
Signature, minister for celebrating marriages
________________________
(section 15)
FORM C
NOTICE OF MARRIAGE
| | |
HUSBAND | 2. Name in Full, Occupation, Place of Residence | |
3. Date and Place of Birth | | |
4. Status (Bachelor, Widower, Divorced) | | |
5. Parentage | | |
WIFE | 6. Name in Full, Occupation, Place of Residence | |
7. Date and Place of Birth | | |
8. Status (Spinster, Widow, Divorced) | | |
9. Parentage | | |
WITNESSES |
Date and Place of Birth | |
11. Name in Full, Occupation, Place of Residence Date of Place of Birth | | |
REMARKS | 12. Time, Day, Month and Year of Declaration | |
13. Other Remarks/Observations | |
............................... ............................. FOR USE OF REGISTRAR-
Signature of thumbprint of Signature of minister for GENERAL
Witness celebrating marriages (if
_________________________ appropriate)
(a) Seal and date of
Authentication
................................. ............................
Signature or thumbprint of Date
Witness SEAL
............................... (b) Number in Central
Signature of Registrar or Register
...............................
Sub-Registrar
...............................
Full name of Registrar of
Sub-Registrar
.................................
Office or Occupation
..................................
Date
_____________________________
SCHEDULE 2
FORM OF MARRIAGE CEREMONY BEFORE A DISTRICT REGISTRAR
"You owe to one another mutual fidelity, support and assistance. The husband is the head of the family, but he shall exercise this function in its common interest, the wife combining with him to ensure its orderly conduct and in particular to assist in the proper upbringing of the children. The wife may fulfil the functions of the husband as head of the family if for any reason the husband is unable to do so. The husband shall be primarily responsible for the material welfare of the family and shall furnish the necessities of life according to his ability. The choice of the family home shall rest with the husband and the wife shall live with him and the husband shall be bound to allow her to do so."
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