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Fiji Legislation |
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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