Is your marriage legal?

BY THE RGD

Monday, January 16, 2012

MARRIAGE is an occasion that brings much joy and good memories. It is a cause for celebration and is a God-ordained institution that has been around as long as humanity itself.

Most persons are acquainted with the fact that if you are currently married, then you cannot legally get married to another person. Also, your divorce must be final, termed a Decree Absolute, before you are free to marry again.

Before you say "I do" however, there are a few other aspects of Jamaican law of which you must be aware.

A marriage officer and two witnesses must be present

According to the Marriage Act (1897), "If both parties to a marriage knowingly and wilfully acquiesce in the solemnisation of the marriage ceremony between them —

(a)by or before a person not being a marriage officer; or

(b)otherwise than in the presence of two witnesses besides the marriage officer solemnising or witnessing and registering the marriage, the marriage shall be void."

Simply put, in order for a Jamaican marriage to be legal, there must be a gazetted marriage officer present at the marriage ceremony, as well as two witnesses. These persons will witness the marriage and sign all the marriage registers immediately after the ceremony. They should be 18 years or older, of sound mind and literate.

If you need to identify or verify any gazetted marriage officer, you can always contact the Registrar General's Department (RGD) for this information.

The groom and the bride cannot be younger than 16

The Marriage Act states that, "A marriage solemnised between persons either of whom is under the age of 16 shall be void." As soon as notice is submitted to the marriage officer, the age of the groom and bride must be carefully noted and calculated using the expected date of marriage and the date of birth of each of the parties. If on the date of marriage, either the groom or the bride has not reached his or her 16th birthday, then that party cannot legally get married. It must also be noted that once the parties have attained 16 years, parental consent is needed for marriage for a groom or bride who is under 18.

The groom and the bride must not be close relatives

The Marriage Act says that, "If the parties to any marriage are within the prohibited degrees of consanguinity or affinity according to the law of England from time to time in force, the marriage shall be void." This means that if two persons are too closely related, they cannot legally get married. Jamaican law has is roots in the law of England and as it relates to marriage, this includes the fact that persons within first, second, third or fourth degrees of consanguinity (relatedness), are not to be married.

So before you tie the knot, always verify:

1. That the marriage officer is gazetted.

2. Your correct age and the age of the next party.

3. How closely related you are to the other individual.

If you suspect that your marriage may not be legal on any grounds, seek legal counsel or contact the RGD.

Do/Would you disclose details of your salary with your spouse?
	Yes
	No

View Results
Results published weekly in Sunday Finance

Username:
Password:

Notorious 'mountain man' arrested in parking lot

Is your marriage legal?