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Marriage (Amendment) Act 2002

REPUBLIC OF KIRIBATI
(No. 15 of 2002)

I assent,

(Sgd: Teburoro Tito)
Beretitenti
29/10/2002

AN ACT TO AMEND THE MARRIAGE ORDINANCE (CAP. 54)

Commencement:
2002

Short title

1. This Act may be cited as the Marriage (Amendment) Act 2002.

Amendment of section 5

2. Section 5 of the Marriage Ordinance (Cap. 54) (hereinafter referred to as "the principal Ordinance") is amended by repealing "16" and substituting "18".

Amendment of section 7

3. Section 7 of the principal Ordinance is amended in subsection (1) by repealing the whole of subsection (1) and substituting it as follows –

"7. (1) When either party to an intended marriage, not being a widower or widow is under 21 years of age, the written consent of both the father and mother, or if any one of them is dead or of unsound mind or absent from Kiribati, of the other, or if both are dead or of unsound mind or absent from Kiribati, of the guardian of such party, shall be required:

Provided, however, that –

(a) when such party has no father, mother or guardian, the Registrar-General may, if satisfied after due inquiry that the intended marriage is a proper one, dispense with such consent;

(b) when the person whose consent is required refuses his consent, the Registrar-General may, if satisfied after due inquiry that the refusal is perverse and that it is in the best interests of the party requiring the consent that the intended marriage should take place, dispense with such consent."

Amendment of section 9

4. Section 9 of the principal Ordinance is amended –

(a) in subsection (a) by repealing "the district" and substituting "Kiribati"; and

(b) by adding a new subsection (d) as follows:-

"(d) where one or both parties to the intended marriage is or are not I-Kiribati a passport or other documents shall be produced evidencing the parties citizenship.".

Amendment of Schedule 1

5. Schedule 1 to the principal Ordinance is amended by repealing the whole of that Schedule and substituting a new Schedule as follows:-

"SCHEDULE 1
(Section 4)

KINDRED AND AFFINITY

Prohibited Degrees of Relationship

1. A man shall not marry

female descendants of his great great great great great grandfather
" " " " " " " " grandmother
" " " " grandfather
" " " " grandmother
" " " " grandfather
" " " " grandmother
" " " grandfather
" " " grandmother
" " grandfather
" " grandmother
" grandfather
" grandmother
his grandmother
his grandmother’s sister
his grandfather’s sister
his Father’s sister
his Mother’s sister
his Mother
his Daughter
his Sister
his Son’s daughter
his Daughter’s daughter
his Brother’s daughter
his Sister’s daughter

2. A woman shall not marry

Male descendants of her great great great great great grandfather
" " " " " " " " " grandmother
" " " " " " " " grandfather
" " " " " " " " grandmother
" " " " " " " grandfather
" " " " " " " grandmother
" " " " " " grandfather
" " " " " " grandmother
" " " " " grandfather
" " " " " grandmother
" " " " grandfather
" " " " grandmother
her grandfather
her grandfather’s brother
her grandmother’s brother

her father’s brother
her father
her son
her brother
her son’s son
her daughter’s son
her brother’s son
her sister’s son

3. The foregoing provisions of this Schedule with respect to any relationship shall apply whether the relationship is by the whole blood or by the half blood and whether the relationship is legitimate or illegitimate.

4. In this Schedule, unless the context otherwise requires, the term "wife" means a former wife whether she is alive or deceased, and whether her marriage was terminated by death or divorce or otherwise, and the term "husband" has a corresponding meaning."

Amendment of Schedule 2

6. Schedule 2 of the principal Ordinance is amended by repealing the whole of Form E and substituting a new Form E as follows -

"FORM E
(Section 16)

MARRIAGE ORDINANCE (CAP. 54)

CERTIFICATE OF MARRIAGE

Married at by me Marriage Officer


This marriage was } A.B. { in the } E.F.
Solemnised } { presence}
Between us } C.D. { of us } G.H.
Witnesses

NOTE:- This form is to be printed in duplicate."

Amendment of Schedule 3

7. Schedule 3 of the principal Ordinance is amended as follows –

(a) by repealing the whole of Form 1 and substituting a new Form 1 as follows –

" SCHEDULE 3

FORM 1
(Section 22)

NOTICE OF MARRIAGE INTENDED TO BE SOLEMNISED
UNDER THE FOREIGN MARRIAGE ACT 1892

To: The Registrar-General of Kiribati

I HEREBY give you notice that a marriage is intended to be had within 3 calendar months from the date hereof at between me and the other party herein named and described (that is to say) –

and that I have had my usual place of abode for a period of not less than 1 week last past at in Kiribati.

Witness my hand this day of 20.. .

(Signature)"; and

(b) by repealing the whole of Form 2 and substituting a new Form 2 as follows -

"FORM 2
(Section 24)

CERTIFICATE OF RECEIPT OF NOTICE OF
MARRIAGE UNDER THE FOREIGN MARRIAGE ACT 1892

I, , do hereby certify that on the day of 20.. , notice was duly entered in my Foreign Marriage Notice Book of the marriage intended to be had at between the parties therein named and described, delivered under the hand of one of the parties (that is to say) -

and that the said thereby declared that he/she had had his/her usual place of abode for a period of not less than 1 week preceding the date of such notice at in Kiribati and that the notice was published upon the day of 20.. , by posting the same in a conspicuous place in my office and has remained so posted for a period of 14 days and that I am not aware of any impediment or objection which should obstruct the solemnisation of the said marriage.

Registrar-General of
Births, Deaths and Marriages."

Amendment of Schedule 4

8. Schedule 4 of the principal Ordinance is amended by repealing the whole of Schedule 4 and substituting a new Schedule 4 as follows -

"SCHEDULE 4
(Section 30)

FEES

1. Filing notice of marriage and entering same .. .. $ 5.00
2. On issue of certificate for marriage .. .. .. $10.00
3. Endorsement of certificate for marriage .. .. $10.00
4. Certifying any extract .. .. .. .. .. $15.00
5. Licence .. .. .. .. .. .. $50.00"

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MARRIAGE (AMENDMENT) ACT 2002

EXPLANATORY MEMORANDUM

1. The current Marriage Ordinance, although it has been in place for a considerable number of years, does not actually reflect Kiribati custom and traditions relating to marriage. Under the present Ordinance, second cousins cannot marry. The amendment to the Ordinance in Schedule 1 seeks to extend that to the sixth degree of cousinship.

2. The amendment also raises the age limit of marriage from 16 to 18. It is acknowledged that at age 18 a person is more mature and is able to make responsible decisions in life such as getting married.

3. Section 3 of the Act amends section 7 to require the written consent of both parents of either party to the intended marriage to be given.

4. The remaining amendments are to various Forms contained in Schedules 2 and 3. The amendment of Schedule 4 increases the fees by about one hundred per cent (100%).

Titabu Tabane
Attorney General
5 April 2002