Mariage Bill

Marriage Bill, 2013

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Download Marriage Bill, 2013 in PDF (2MB)

Highlights:

1. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the Act.

2. Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.

3. Minimum age of marriage-18 years.

4. Kinds of registrable/recognized marriages:

i. Christian marriages;

ii. Civil marriages;

iii. Customary marriages;

iv. Hindu marriages;

v. Islamic marriages; and

vi. Marriages by other faiths or groups.

5. All marriages are registrable and a certificate of marriage shall be issued upon registration.

6. Registration of customary marriages shall be done within six months of the marriage after completion of the necessary rituals for the union and both shall appear in person before the Director to be issued with the certificate of marriage.

7. Parties to a potentially polygamous marriage can convert to monogamous marriage.

8. Prohibited marriage relationships- between a person and grandparent, parent, child, grandchild, sister, brother, cousin, great aunt, great uncle, aunt, uncle, niece, nephew, great niece or great nephew and adopted person. Between grandparent, parent, child or grandchild of that person's spouse or former spouse.

9. Void marriages:

(a) either party is below 18 years;

(b) the parties are within the prohibited marriage relationship;

(c) either party is incompetent to marry by reason of a subsisting marriage;

(d) by order the court;

(e) the consent of either party has not been freely given;

(f) either party is absent from the ceremony;

(g) both parties knowingly and wilfully permit a person who is not authorised to do so to celebrate the union;

(h) either party is mistaken about the identity of the other party; or

(i) either party knowingly or wilfully enters into the marriage for fraudulent purposes.

10. Voidable marriages:

(a) at...