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MARRIAGES ACT (NORTHERN IRELAND) 1954

MARRIAGES ACT (NORTHERN IRELAND) 1954 - LONG TITLE

An Act to alter, and remove certain anomalies in, the law with
respect to certain marriages in Northern Ireland.
[22nd June 1954]
Consent to marriage of minors.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 1

1.(1) Notwithstanding any enactment or rule of law to the contrary,
no person shall

(a)issue a licence, special licence or registrar's certificate
authorizing; or

(b)solemnize, under the authority of publication of banns or under
any other authority whatsoever other than a licence, special licence
or registrar's certificate, being a licence, special licence or
registrar's certificate issued in Northern Ireland;

(2) The consent required by virtue of the foregoing provisions of
this section shall be in writing in such form as may be prescribed
and shall be produced to and signed by the person solemnizing the
marriage at such time or times as may be prescribed.

(3) Any person who knowingly and wilfully acts in contravention of
the provisions of this section or who knowingly and wilfully
conspires with any other person to act in contravention thereof
shall be guilty of an offence and shall be liable on summary
conviction thereof to a fine not exceeding fifty pounds.

(4) Nothing in section thirty-two of the Marriages (Ireland) Act,
1844, shall operate to prevent evidence being given on any
prosecution for an offence under this section to prove that the
marriage to which the prosecution relates was authorized or
solemnized in contravention of this section and on any such
prosecution either of the parties to the marriage shall,
notwithstanding any rule of law to the contrary, be competent and
compellable to give evidence as if the marriage had never been
solemnized.

(5) A marriage which, apart from this section, would be a valid
marriage shall not be deemed to be invalid by reason of any
contravention of this section.

(6) Nothing in this Act shall dispense with the necessity of
obtaining the consent of the High Court to the marriage of a ward
of court.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 2
Order dispensing with consent.

2.(1) A county court acting for the civil bill division in which
any minor has last resided for a period exceeding three months may,
on application made to it, on notice to such persons and in
accordance with such procedure as may be specified by county court
rules, by or on behalf of the minor or by or on behalf of any
person (including another minor) intending to marry a minor, make an
order dispensing with any consent required by virtue of the
foregoing section, if the court is satisfied that the proposed
marriage is in the best interests of the minor, and either:

(a)both parents are dead and no guardian has been duly appointed
and the custody of the minor has not been committed to any person
by the order of any court; or

(b)the consent of more than one person is required under this Act
and, at least one of the persons whose consent is so required
having consented to the marriage, the other or any one of the
others unreasonably or arbitrarily withholds consent or is not
interested in the maintenance or well-being of the minor or cannot
be found; or

(c)the consent of one person only is required under this Act and
that person is mentally ill or [is a person requiring special care
within the meaning of the Mental Health Act (Northern Ireland),
1961] or cannot be found; or

(d)there is uncertainty as to whose consent is required.

(2) An application may be made under this section by or on behalf
of a minor without the intervention of a next friend.

(3) The decision of the county court on any application made to it
under this section shall be final and conclusive.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 3
Recording of consents or orders dispensing therewith.

3.(1) Every consent required by virtue of section one of this Act
and every order made under section two of this Act shall:

(a)in the case of a marriage solemnized by or in the presence of
a registrar, be deposited with the registrar;

(b)in the case of a marriage not solemnized by a registrar, being
a marriage within the provisions of the Marriages (Ireland) Act,
1844, be dealt with in accordance with the requirements of any
regulations made by the Minister under this Act; and

(c)in the case of a marriage not solemnized by a registrar and not
being a marriage within the provisions of the Marriages (Ireland)
Act, 1844, be annexed to the certificate required by section eleven
of the Registration of Marriages (Ireland) Act, 1863, to be sent to
the registrar of marriages.

(2) Regulations made by the Minister under this Act may, in the
case of any marriage to which paragraph (b) of sub-section (1) of
this section refers, provide that the consent or order dispensing
therewith shall be left with the person solemnizing the marriage or
with the person issuing any licence or special licence authorizing
the solemnization thereof and in either case may require any such
person to send every such consent or order left with him to a
registrar or to the Registrar-General at such times and in such
manner as may be prescribed and may contain such other provisions
as may appear to the Minister to be necessary to secure the
availability for inspection at such fee, if any, as may be
prescribed and the due recording and preservation of all such
consents and orders; and it shall be the duty of every person to
comply with the requirements of all such regulations.

(3) The provisions of section eleven of the Registration of
Marriages (Ireland) Act, 1863, shall be deemed not to have been
complied with, in the case of a marriage to which paragraph (c) of
sub-section (1) of this section refers, unless and until the consent
or order, as the case may be, has been annexed and sent as
required by that paragraph.

(4) Every consent or order deposited with or sent to a registrar
under or by virtue of this section shall be filed or recorded by
such registrar in such manner as the Minister may direct and shall
be open to public inspection at such times in such manner and upon
payment of such fees, if any, as may be prescribed.

(5) Reference in this section to any order made under section two
of this Act shall include references to a copy of such order duly
certified under the hand of any clerk or other officer of the
court which made the order.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 4
Extension of power to issue special licences.

4.Special licences may be granted under sections thirty-six and
thirty-seven of the Matrimonial Causes and Marriage Law (Ireland)
Amendment Act, 1870 (in this section called the "Act of 1870") as
well where one only of the parties about to contract marriage is a
member of the same Church as the person granting the special
licence as were both those parties are members of that Church and,
accordingly,

Paras.(a)(b) amend ss.36,37 of 1870 c.110

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 5
Regulations.

5.(1) The Minister may make regulations for the purpose of providing

(a)for anything which is by this Act required or authorised to be
prescribed;

(b)for anything which appears to the Minister to be necessary for
giving full effect to the provisions of this Act;

(c)for making alterations, consequential upon the passing of this
Act, in any form scheduled to or prescribed by or under any
existing enactment relating to marriages or to the licensing or
registration of marriages.

(2) All regulations made under this Act shall, as soon as may be
after they are made, be laid before each House of Parliament. If
either such House within the statutory period next after any such
regulations have been so laid resolves that the regulations shall be
annulled, those regulations shall, after the date of such resolution,
be void, but without prejudice to the validity of anything done
thereunder, or to the making of new regulations.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 6
Interpretation.

6.(1) In this Act

"contravention", in relation to any provision of this Act, includes
a failure to comply with that provision;

"Minister" means the Minister of Finance;

"minor" means a person over the age of sixteen, and under the age
of [eighteen] years; and

["prescribed", except in relation to fees, means prescribed by
regulations] made under this Act by the Minister of Finance.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.

Short title.

MARRIAGES ACT (NORTHERN IRELAND) 1954 - SECT 9

9. This Act may be cited as the Marriages Act (Northern Ireland),
1954.Where the Minor is LegitimateT

(a)if parents are living together;

(b)If parents are divorced or separated by order of any court or
by agreement;

(c)if one parent has been deserted by the other;

(d)if both parents have been deprived of custody of minor by order
of any court;

(e)if one parent is mentally ill or [is a person requiring special
care within the meaning of the Mental Health Act (Northern Ireland),
1961].

(a)if there is no other guardian;

(b)if a guardian has been appointed by a deceased father.

(c)if the appointment of a guardian has been confirmed by the court
under sub-section (2) of section three of the Guardianship of
Infants Act, 1886.

Where the Minor is IllegitimatePS0900CircumstancesIf the mother of the
minor is alive.