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Btcaam Malta Marriage btcaam 1/26 MARRIAGE [CAP. 255. 1 CHAPTER 255 MARRIAGE ACT To regulate marriages and to provide for matters connected therewith or ancillary thereto. 12th August, 1975; 1st October, 1975 ACT XXXVII of 1975, as amended by Acts: XXXIV of 1981, III of 1983, I and XXIV of 1995, IX of 2000, XXXI of 2002 and IX of 2004. Preliminary 1. The title of this Act is Marriage Act. Title. 2. (1) In this Act, unless the context otherwise requires ­ Interpretation. Amended by; "act of marriage" means the act of marriage drawn up and I.1995.2; completed in accordance with article 293 of the Civil Code; IX.2000.8. Cap. 16. "Agreement" means the Agreement between the Holy See and Malta on the Recognition of Civil Effects to Canonical Marriages and to the Decisions of the Ecclesiastical Authorities and Tribunals about the Same Marriages, as well as the Protocol of Application thereto, both signed in Malta on the 3rd February 1993, as well as the Second Additional Protocol thereto signed in Malta on the 6th January, 1995, which Agreement and protocols are reproduced in the Schedule to this Act; "Canon law" means the Code of Canon Law promulgated by the competent organs of the Catholic Church and any other rule of law sohowever called of the said Church relative to marriage; "catholic marriage" means a marriage celebrated in accordance with the norms and formalities of Canon Law or with a dispensation therefrom granted by the competent organ in accordance with Canon Law; "Marriage Registry", in respect of marriages taking place in the Island of Malta, means the division in the Public Registry Office in the said island charged by the Minister with responsibility for matters relating to marriages, and, in respect of marriages taking place in Gozo, means the division in the Public Registry Office in Gozo charged by the Minister as aforesaid; "Minister" means the Minister responsible for the Public Registry; "parish priest" for the purposes of this Act includes also any ecclesiastic who according to Canon Law, is equivalent to a parish priest or substitutes a parish priest; "Registrar" means the public officer designated by the Minister to perform the functions of Marriage Registrar in respect of a Marriage Registry, and includes, for any purpose of this Act, any person authorised by the Registrar for that purpose; "Tribunal" for the purposes of articles 23, 24, 29 and 30 means btcaam 2/26 2 CAP. 255.] MARRIAGE the competent court or courts which in accordance with Canon Law applicable at the time can pronounce on the validity of a catholic marriage. (2) Except where it is otherwise expressly provided, all the provisions of this Act shall apply to all marriages whether contracted in a civil or in a religious form. Restrictions on marriage Age for marriage. 3. (1) A marriage contracted between persons either of whom Substituted by: is under the age of sixteen shall be void. I.1995.3. (2) Without prejudice to the provisions of sub-article (1), a person who is subject to paternal authority or to tutorship may not validly contract marriage without the consent of the person exercising such authority, or of the tutor, as the case may be. (3) Notwithstanding the provisions of sub-article (2) the court of voluntary jurisdiction within whose jurisdiction the minor habitually resides, may upon good cause being shown, authorise the celebration of a marriage referred to in that sub-article, where the consent of the person exercising paternal authority or of the tutor, as the case may be, is not forthcoming; and for the purposes of proceedings in connection with this sub-article, article 781(a) of the Code of Organisation and Civil Procedure shall not apply. Cap.12. Infirmity of mind. 4. A marriage contracted between persons either of whom is incapable of contracting by reason of infirmity of mind, whether interdicted or not, shall be void. Marriages within 5. (1) A marriage contracted between ­ prohibited degrees. Amended by: (a) an ascendant and a descendant in the direct line; I.1995.4. (b) a brother and a sister, whether of the full or half blood; (c) persons related by affinity in the direct line; or (d) the adopter and the adopted person or a descendant, or the husband or wife, of the adopted person, shall, whether the relationship aforesaid derives from legitimate or illegitimate descent, be void. (2) For the purposes of sub-article (1), the relationship of an adopted person shall be deemed to subsist both with reference to his natural and to his adoptive family. (3) The court of voluntary jurisdiction within whose jurisdiction either of the spouses resides may upon good cause being shown dispense from the provisions of sub-article (1)(c) and (d). Persons bound by 6. A marriage contracted between persons either of whom is previous marriage. bound by a previous marriage shall be void. btcaam 3/26 MARRIAGE [CAP. 255. 3 Formalities to precede marriage 7. (1) The celebration of marriage must be preceded by the Banns of publication of banns of matrimony. matrimony. Amended by: (2) Banns of matrimony shall state the name, surname, place of III. 1983.2; I.1995.5. birth and residence of each of the persons to be married, the place where they intend to contract marriage and, unless the Registrar in the case of natural filiation or other circumstances deems proper to act otherwise, the name of the father and the name and surname of the mother of each of the persons to be married. (3) The publication of the banns consists in the posting up of the banns in a place at the Marriage Registry accessible to the public and reserved for that purpose and in keeping the banns so posted up for a period of not less than eight consecutive days excluding Saturdays, Sundays and other public holidays. The banns shall also be posted up at the place where official acts are usually posted up in the town, village or parish in Malta in which each of the persons to be married resides. (4) Banns of matrimony shall be published by or by order of the Registrar on a request in writing signed by both persons to be married or, where the marriage is to take place by proxy, by the proxy and the other person. (5) A request for the publication of banns shall not be entertained unless it is delivered to the Registrar earlier than six weeks before the date of the intended marriage, or than such shorter period as the Registrar may in his discretion accept in special circumstances, and unless and until, in addition to all other relevant information, there are delivered to the Registrar­ (a) the certificate of birth of each of the persons to be married; (b) a declaration on oath made and signed by each of the persons to be married stating that to the best of his or her knowledge and belief there is no legal impediment to the marriage or other lawful cause why it should not take place: Provided that if it is shown to the satisfaction of the Registrar that it is impracticable to obtain a certificate of birth required to be delivered by this sub-article, the Registrar may accept instead such other document or evidence as he may deem adequate for the purpose of this article. (6) The Registrar may administer oaths for the purposes of this Act. (7) Where banns have been published in accordance with the provisions of this Act and it appears to the Registrar that there is no legal impediment or other lawful cause why the marriage should not take place, the Registrar shall, at the request of either of the parties to be married, issue a certificate that the banns have been so published and indicate therein, in addition to other relevant information, the date of the completion of such publication. (8) Subject to the provisions of article 10, no person shall btcaam 4/26 4 CAP. 255.] MARRIAGE officiate at a marriage unless a certificate issued in accordance with sub-article (7) in respect of the persons to be married has been produced to him; and that certificate or a certificate issued in terms of article 10 shall be final and conclusive proof of its contents. Refusal by 8. (1) If the Registrar is of the opinion that he cannot proceed Registrar to to the publication of the banns or that he cannot issue a certificate publish banns or issue certificates. of such publication he shall notify the persons requesting the publication of his inability to do so, giving the reasons therefor. (2) In any such case, either of the persons to be married may apply to the competent court of voluntary jurisdiction for an order directing the Registrar to publish the banns or to issue a certificate of their publication, as the case may require, and the court may, after hearing the applicant and the Registrar, give such directions as it may deem appropriate in the circumstances, and the Registrar shall act in accordance with any such directions. Marriage to be 9. (1) A marriage contracted before the sixth day after the contracted within completion of the period during which the banns are to remain certain period from banns. posted up in accordance with the provisions of this Act, and a Amended by: marriage contracted after the expiration of three months from the III. 1983.3. day on which the banns are first posted up as aforesaid, shall be void. (2) Where the period of three months referred to in sub-article (1) has expired, the banns shall be published again and the procedure for their publication shall be started afresh.
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