Uganda Act or statute

Parliament of Uganda

Marriage Act

Jurisdiction: Uganda
Structure: 49 provisions
Citation: Chapter 146
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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“This section defines terms used in the Act, including “district”, “foreign application”, “national application”, “registrar”, and “Registrar General”.”

This section defines terms used in the Act, including “district”, “foreign application”, “national application”, “registrar”, and “Registrar General”. The Minister must, by statutory order, divide Uganda into marriage districts and may, by like order, alter those districts (by changing boundaries, uniting or subdividing districts, or forming new districts). The Minister must appoint a fit and proper registrar of marriages for each marriage district and may revoke appointments and appoint (and revoke) deputy registrars to act during absence, illness or incapacity; 'absence' is defined relative to the registrar's office location. Every registrar must have an office in their district at a place the Minister directs. The Minister may license places of public worship for marriages, may cancel such licences at any time, and he or she shall give notice in the Gazette.

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Preliminary - Interpretation

This section defines terms used in the Act, including “district”, “foreign application”, “national application”, “registrar”, and “Registrar General”.

Section 1

Preliminaries to marriage - Notice of marriage

When persons intend to marry, one party must sign and give a Form A notice to the district registrar where the marriage is to take place.

Section 6

Celebration of marriage - Marriage in registrar’s office

Parties may marry before a registrar in the registrar's office between 10am and 4pm provided a certificate under section 10 or 15 or a licence under section 12 is produced and two witnesses are present; the registrar must address the pa…

Section 25

Expenses and fees - Fee may be remitted

The Minister may reduce or remit the fees in Schedule 2 and, where paid into the Consolidated Fund, order their refund when satisfied of the parties' poverty.

Section 37

Offences and penalties - Forms

The forms in Schedule 1 to this Act may be used, with such alterations as may be necessary, in applicable cases.

Section 49

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Showing 49 of 49 provisions

Provision 33Offence 14InterpretationAmendment

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

This section defines terms used in the Act, including “district”, “foreign application”, “national application”, “registrar”, and “Registrar General”.

Section Interpretation Section In this Act, unless the context otherwise requires— “ district ” means a marriage district constituted under this Act; “ foreign application ” means an application by a person who is not a Ugandan citizen; “ national application ” means an application by a person who is a Ugandan citizen; “ registrar ” means a registrar of marriages, and includes a deputy registrar when acting as registrar; “ Registrar General ” means any officer appointed to act as Registrar General for the purposes of this Act.

Section 1

§ 2Preliminary - Constitution of marriage districtsProvision

The Minister must, by statutory order, divide Uganda into marriage districts and may, by like order, alter those districts (by changing boundaries, uniting or subdividing districts, or forming new districts).

Section Constitution of marriage districts Section The Minister shall, by statutory order, divide Uganda into districts for the purposes of this Act, herein referred to as marriage districts, and may, by like order, alter the marriage districts, either by alteration of boundaries or by union or subdivision of districts, or by the formation of new districts.

Section 2

§ 3Preliminary - Appointment of registrarsProvision

The Minister must appoint a fit and proper registrar of marriages for each marriage district and may revoke appointments and appoint (and revoke) deputy registrars to act during absence, illness or incapacity; 'absence' is defined relative to the registrar's office location.

Section Appointment of registrars Section The Minister shall, appoint a fit and proper person to be the registrar of marriages for each marriage district , and may revoke such appointments; and may appoint a deputy registrar of marriages for any district to act in the absence or during the illness or incapacity of the registrar , and may revoke such appointment. For the purposes of this section, absence means absence from the place at which, as provided by section 4 , the office of the registrar is situate.

Section 3

§ 4Preliminary - Offices of registrarsProvision

Every registrar must have an office in their district at a place the Minister directs.

Section Offices of registrars Section Every registrar shall have an office at such place in his or her district as the Minister shall from time to time direct.

Section 4

§ 5Preliminary - Places of worship to be licensedProvision

The Minister may license places of public worship for marriages, may cancel such licences at any time, and he or she shall give notice in the Gazette.

Section Places of worship to be licensed Section The Minister may license any place of public worship to be a place for the celebration of marriages, and may, at any time cancel such licence, and in either case he or she shall give notice in the Gazette .

Section 5

Part II

Preliminaries to marriage

§ 10Preliminaries to marriage - Registrar to issue certificate on proof of conditions by affidavitOffence

The registrar must issue a Form C certificate after 21 days and before three months from the notice upon payment of the prescribed fee, but must not issue it until satisfied by affidavit of specified conditions; the affidavit may be sworn before the registrar or a magistrate, who must explain prohibited degrees and penalties.

Section Registrar to issue certificate on proof of conditions by affidavit Section The registrar , at any time after the expiration of twenty-one days and before the expiration of three months from the date of the notice, upon payment of the prescribed fee, shall issue a certificate in Form C in Schedule 1 to this Act; except that he or she shall not issue the certificate until he or she has been satisfied by affidavit that— one of the parties has been resident within the district in which the marriage is intended to be celebrated at least fifteen days preceding the granting of the certificate; each of the parties to the intended marriage, not being a widower or widow, is twenty-one years old, or that, if he or she is under that age, the consent made requisite has been obtained in writing and is annexed to the affidavit; there is no impediment of kindred or affinity, or other lawful hindrance to the marriage; and neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is proposed to be contracted. The affidavit required by subsection (1) may be sworn before the registrar or before a magistrate. The registrar or magistrate taking the affidavit required by subsection (1) shall explain to the person making it the prohibited degrees of kindred and affinity and the penalties which may be incurred under other provisions of this Act.

Section 10

§ 11Preliminaries to marriage - Marriage to take place within three months after date of noticeProvision

If a marriage does not take place within three months after the date of the notice, the notice and related proceedings are void and a fresh notice must be given before the parties can lawfully marry.

Section Marriage to take place within three months after date of notice Section Where the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent on it shall be void; and a fresh notice must be given before the parties can lawfully marry.

Section 11

§ 12Preliminaries to marriage - Minister’s power to grant licence to marryProvision

The Minister may, on affidavit proving no lawful impediment and necessary consent, dispense with notice and the registrar's certificate and may grant a licence authorising the marriage.

Section Minister’s power to grant licence to marry Section The Minister, upon proof being given to him or her by affidavit that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to the marriage has been obtained, may, if he or she thinks fit, dispense with the giving of notice, and with the issue of the certificate of the registrar , and may grant a licence, which shall be according to Form D in Schedule 1 to this Act, authorising the celebration of a marriage between the parties named in that licence by a registrar , or by a recognised minister of some religious denomination or body.

Section 12

§ 13Preliminaries to marriage - Caveat may be entered against issue of certificateProvision

People required to consent to a marriage or who know a reason it should not occur may write a caveat worded “Forbidden” in the Marriage Notice Book to stop the registrar issuing the certificate; the registrar must not issue the certificate until that caveat is removed under sections 14, 15 and 16.

Section Caveat may be entered against issue of certificate Section Any person whose consent to a marriage is required by this Act, or who may know of any just cause why the marriage should not take place, may enter a caveat against the issue of the registrar ’s certificate, by writing at any time before its issue the word “Forbidden” opposite to the entry of the notice in the Marriage Notice Book, and appending to the word his or her name and place of abode, and the grounds upon or by reason of which he or she claims to forbid the issue of the certificate; and the registrar shall not issue the certificate until the caveat shall be removed under sections 14 , 15 and 16 .

Section 13

§ 14Preliminaries to marriage - Where caveat is entered matter shall be referred to courtProvision

When a caveat is entered against issuing a marriage certificate, the registrar must refer the matter to the High Court, which must summon the parties and the caveator, require the caveator to show cause, hear and determine the case summarily, and whose decision is final.

Section Where caveat is entered matter shall be referred to court Section Whenever a caveat is entered against the issue of a certificate, the registrar shall refer the matter to the High Court, and that court shall summon the parties to the intended marriage, and the person by whom the caveat is entered, and shall require the person by whom the caveat is entered to show cause why the registrar should not issue a certificate, and shall hear and determine the case in a summary way, and the decision of the High Court shall be final.

Section 14

§ 15Preliminaries to marriage - Removal of caveatProvision

If the High Court decides the certificate should be issued, the judge must cancel the caveat entry and sign a cancellation; the registrar must then issue a certificate and the marriage may proceed, and the time between entering and removing the caveat is not counted toward the three‑month period in section 10.

Section Removal of caveat Section If the High Court decides that the certificate ought to be issued, the judge shall remove the caveat by cancelling the word “Forbidden” in the Marriage Notice Book in ink, and writing in the Marriage Notice Book, immediately below that entry and cancellation, the words “Cancelled by order of the High Court” and signing his or her name to the removal of the caveat. The registrar shall then issue a certificate and the marriage may proceed as if the caveat had not been entered, but the time that has elapsed between the entering and the removal of the caveat shall not be computed in the period of three months specified in section 10 .

Section 15

§ 16Preliminaries to marriage - Compensation and costsProvision

The High Court may award compensation and costs to the party injured if it appears that a caveat was entered on insufficient grounds.

Section Compensation and costs Section The High Court may award compensation and costs to the party injured, if it appears that a caveat was entered on insufficient grounds.

Section 16

§ 6Preliminaries to marriage - Notice of marriageProvision

When persons intend to marry, one party must sign and give a Form A notice to the district registrar where the marriage is to take place.

Section Notice of marriage Section Whenever any persons desire to marry, one of the parties to the intended marriage shall sign and give to the registrar of the district in which the marriage is intended to take place a notice in Form A in Schedule 1 to this Act.

Section 6

§ 7Preliminaries to marriage - Signature of notice by person unable to write or to understand EnglishProvision

If a person giving notice of marriage cannot write or understand English, they may place a mark or cross on the notice in the presence of a literate person who must attest to it; that attestation must be in Form B in Schedule 1 to this Act.

Section Signature of notice by person unable to write or to understand English Section If the person giving the notice of marriage is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he or she places his or her mark or cross to the notice in the presence of some literate person who shall attest to it, which attestation shall be in Form B in Schedule 1 to this Act.

Section 7

§ 8Preliminaries to marriage - Registrars to supply forms of notice free of costProvision

Every registrar must supply forms of notice free of charge to persons who apply for them.

Section Registrars to supply forms of notice free of cost Section Every registrar shall supply forms of notice gratuitously to any persons applying for them.

Section 8

§ 9Preliminaries to marriage - Notice to be entered in Marriage Notice Book and publishedProvision

The registrar must enter each received marriage notice in the Marriage Notice Book and must publish it by affixing a copy on the outer door of the office and keep it exposed until the certificate is granted under section 10 or three months elapse.

Section Notice to be entered in Marriage Notice Book and published Section Upon receipt of a marriage notice the registrar shall cause it to be entered in a book to be called the “Marriage Notice Book” which may be inspected during office hours without fee. The registrar shall also publish the notice by causing a copy of it to be affixed on the outer door of his or her office, and to be kept exposed there until he or she grants the certificate under section 10 , or until three months have elapsed.

Section 9

Part III

Consent to marriage in certain cases necessary

§ 17Consent to marriage in certain cases necessary - Signature of consent by person unable to write or to understand EnglishProvision

If a person required to sign a consent to marriage cannot write or does not understand English, they must place a mark or cross as their signature.

Section Signature of consent by person unable to write or to understand English Section If the person required to sign a consent to marriage is unable to write, or is insufficiently acquainted with the English language, or both, then he or she shall sign his or her consent by placing his or her mark or cross to the consent in the presence of any judge, magistrate, Chief Administrative Officer, Chief Registrar of the High Court, registrar of marriages, registrar of documents. The signature made under subsection (1) shall be attested by a person specified in that subsection in Form B in Schedule 1 to this Act.

Section 17

§ 18Consent to marriage in certain cases necessary - Consent where no parent or guardian capable of consentingProvision

If a party under twenty-one has no parent or guardian in Uganda capable of consenting, the Minister or a High Court judge may give written consent to the marriage after due inquiry and if satisfied it is proper; that consent is as effective as a parent's consent.

Section Consent where no parent or guardian capable of consenting Section If there is no parent or guardian of the party under twenty-one years of age residing in Uganda and capable of consenting to the marriage, then the Minister or a judge of the High Court may consent to the marriage in writing, upon being satisfied after due inquiry that the marriage is a proper one; and that consent shall be as effectual as if the father or mother had consented.

Section 18

Part IV

Celebration of marriage

§ 19Celebration of marriage - Marriage in licensed place of worship by recognised ministerProvision

Marriages may be celebrated in any licensed place of worship by any recognised minister of the church, denomination or body to which the place of worship belongs; celebrations must be according to that church's rites or usages, with open doors between eight in the forenoon and six in the afternoon and in the presence of two or more witnesses besides the officiating minister.

Section Marriage in licensed place of worship by recognised minister Section Marriages may be celebrated in any licensed place of worship by any recognised minister of the church, denomination or body to which the place of worship belongs, and according to the rites or usages of marriages observed in that church, denomination or body. Notwithstanding subsection (1) , the marriage shall be celebrated with open doors between the hours of eight o’clock in the forenoon and six o’clock in the afternoon, and in the presence of two or more witnesses besides the officiating minister.

Section 19

§ 20Celebration of marriage - Minister not to celebrate marriage if there is impediment nor without licence, etc.Provision

A minister must not celebrate a marriage if there is a just impediment or until the parties deliver the registrar's certificate or the Minister's licence.

Section Minister not to celebrate marriage if there is impediment nor without licence, etc. Section A minister shall not celebrate any marriage if he or she knows of any just impediment to the marriage, or until the parties deliver to him or her the registrar ’s certificate or the Minister’s licence.

Section 20

§ 21Celebration of marriage - Place of celebration of marriageProvision

A minister may only celebrate a marriage in a building licensed by the Minister or in a place the Minister's licence directs.

Section Place of celebration of marriage Section A minister shall not celebrate any marriage except in a building which has been duly licensed by the Minister, or in such place as the Minister’s licence may direct.

Section 21

§ 22Celebration of marriage - Registrars, etc. to be provided with books of certificatesProvision

The Minister must arrange printing and delivery of books of marriage certificates in duplicate (with counterfoils in Form E) to registrars and recognised ministers; those registrars and ministers must keep the books under lock and key and keep custody.

Section Registrars, etc. to be provided with books of certificates Section The Minister shall cause to be printed and delivered to the several registrars and to the recognised ministers of licensed places of worship, books of marriage certificates in duplicate and with counterfoils in Form E in Schedule 1 to this Act. The books of marriage certificates shall be kept by the several registrars and the recognised ministers for the time being of the licensed places of worship under lock and key and be in custody of those registrars and ministers respectively.

Section 22

§ 23Celebration of marriage - Entries to be made in marriage certificateProvision

The officiating minister must immediately after a marriage fill out in duplicate a Form E marriage certificate and enter in the counterfoil the certificate number, date of marriage, names of the parties and witnesses.

Section Entries to be made in marriage certificate Section Immediately after the celebration of any marriage by a minister, the officiating minister shall fill out in duplicate a marriage certificate with the particulars required by Form E in Schedule 1 to this Act, and state also and enter in the counterfoil the number of the certificate, the date of the marriage, names of the parties and the names of the witnesses.

Section 23

§ 24Celebration of marriage - Signature of certificate in duplicateProvision

The certificate must be signed in duplicate by the officiating minister, the parties and at least two witnesses. The minister must sever the duplicate, give one copy to the parties, and within seven days send the other copy to the district registrar, who must file it.

Section Signature of certificate in duplicate Section The certificate shall be signed in duplicate by the officiating minister, the parties and two or more witnesses to the marriage. The minister having signed his or her name to the counterfoil, shall sever the duplicate certificate, and shall deliver one certificate to the parties; and thereafter shall, within seven days, transmit the other copy to the registrar of marriages of the district in which the marriage takes place, who shall file it in his or her office.

Section 24

§ 25Celebration of marriage - Marriage in registrar’s officeOffence

Section Marriage in registrar’s office Section After the issue of a certificate under section 10 or 15 , or of a licence under section 12 , the parties may, if they think fit, contract a marriage before a registrar, in the presence of two witnesses in his or her office, with open doors, between the hours of ten o’clock in the forenoon and four o’clock in the afternoon, and in the following manner— The registrar , after production to him or her of the certificate or licence, shall, either directly or through an interpreter, address the parties thus— " Do I understand that you (name), and you (name), come here for the purpose of becoming man and wife?” If the parties answer in the affirmative, he or she shall proceed thus— “ Know you that by the public taking of each other as man and wife in my presence, and in the presence of the persons now here, and by the subsequent attestation of that taking by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature shall take place, and that this marriage cannot be dissolved during your lifetime, except by a valid judgment of divorce; and if either of you before the death of the other shall contract another marriage while this remains undissolved, you will be thereby guilty of bigamy and liable to punishment for that offence.” Each of the parties shall then say to the other— “ I call upon all persons here present to witness that I, (name), do take thee, (name), to be my lawful wife (or husband)”.

Section 25

§ 26Celebration of marriage - Marriage certificate to be signedProvision

The registrar must complete and sign the marriage certificate in duplicate, have the parties and witnesses sign it, fill out and sign the counterfoil where required by section 24 for minister marriages, give one certificate to the parties and file the other in the registrar's office.

Section Marriage certificate to be signed Section The registrar shall then fill out, and he or she and the parties and witnesses shall sign, the certificate of marriage in duplicate, and the registrar shall then ill out and sign the counterfoil as prescribed in section 24 in the case of a marriage by a minister, and shall deliver one certificate to the parties and shall file the other in his or her office.

Section 26

§ 27Celebration of marriage - Marriage under Minister’s licenceProvision

If a Minister's licence authorises a marriage away from a licensed place of worship or registrar's office, the district registrar must give the licence-holder a duplicate blank marriage certificate, and the minister or registrar who conducts the marriage must complete the certificate and follow the Act's formalities.

Section Marriage under Minister’s licence Section Whenever the Minister’s licence authorises the celebration of marriage at a place other than a licensed place of worship, or the office of a registrar of marriages, the registrar of the district in which the marriage is intended to take place, upon the production of the licence, shall deliver to the person producing it a blank certificate of marriage in duplicate, and the minister or registrar celebrating the marriage shall fill out the certificate, and observe strictly all the formalities prescribed in this Act as to marriages in a licensed place of worship, or registrar ’s office, as the case may be.

Section 27

§ 28Celebration of marriage - Conversion of marriage by customary law into marriage under this ActOffence

Persons married by customary law who wish to convert their marriage may convert it under this Act by applying section 26 and using Forms G–K from Schedule 1 in place of Forms A–F.

Section Conversion of marriage by customary law into marriage under this Act Section Where any persons already married or professing to be married to each other by customary law desire to convert that marriage into a marriage under this Act, the provisions of section 26 shall apply to the conversion as though it were a marriage under that section; but in that case the Forms G, H, I, J and K in Schedule 1 to this Act shall be used in lieu of the Forms A, C, D, E and F and the following forms shall be used in lieu of, and shall have the same effect as, those provided in section 26 . In lieu of the first form set out there, the following— “ Do I understand that you (name), and you (name), have been married to each other by customary law and that you come here for the purpose of binding yourselves legally to each other as man and wife so long as both of you shall live?” In lieu of the second form set out there, the following— “ Whereas you (name), and you (name), profess that you have been married to each other by customary law and whereas that marriage does not bind you by law to each other as man and wife so long as both of you shall live and whereas you desire to bind yourselves legally each to the other as man and wife so long as both of you shall live: Know you that by the public taking of each other as man and wife so long as both of you shall live, in my presence and in the presence of the persons now here, and by the subsequent attestation of that taking by signing your names to that effect, you become legally bound to each other as man and wife so long as both of you shall live although no other rite of a civil or religious nature shall now take place, and that your marriage cannot be dissolved during your lifetime, except by a valid judgment of divorce; and if either of you before the death of the other shall illegally contract another marriage while your marriage to each other remains undissolved, you will be guilty of bigamy, and liable to punishment for that offence.” And in lieu of the third form set out there, the following— “ I call upon all persons here present to witness that I, (name), take you (name), to be my lawful wife (or husband) so long as both of us shall live.”

Section 28

Part V

Registry and evidence of marriages

§ 29Registry and evidence of marriages - Marriage certificates to be registeredProvision

Registrars must register every marriage certificate filed (using Form F), make dated signed entries in the register indexed for easy reference, allow searches and provide certified copies for the prescribed fee, and send monthly certified copies of entries to the Registrar General within ten days after each month.

Section Marriage certificates to be registered Section The registrar of marriages in each district shall register in a book to be kept in his or her office for that purpose, and to be called “The Marriage Register Book”, every certificate of marriage which shall be filed in his or her office, according to Form F in Schedule 1 to this Act; and every such entry shall be made in the order of date from the beginning to the end of the book, and every entry so made shall be dated on the day on which it is so entered, and shall be signed by the registrar , and the book shall be indexed in such manner as is best suited for easy reference to it. The registrar shall at all reasonable times allow searches to be made in the Marriage Register Book, and shall give certified copies from it upon payment of the prescribed fee. Within ten days after the last day of each month, every registrar shall send to the Registrar General a certified copy of all entries he or she made during the preceding month in the Marriage Register Book of his or her district , and the Registrar General shall file the copy in his or her office.

Section 29

§ 30Registry and evidence of marriages - Correction of clerical errors in marriage certificatesProvision

A registrar may correct clerical errors in marriage certificates (if authorised by the Registrar General and upon production of the delivered certificate), and must authenticate each correction with their signature and the date.

Section Correction of clerical errors in marriage certificates Section Any registrar , when authorised by the Registrar General , may correct any clerical error in any certificate of marriage filed in his or her office, upon production to him or her of the certificate delivered to the parties, and shall authenticate every correction by his or her signature and the date of the correction.

Section 30

§ 31Registry and evidence of marriages - Evidence of marriageProvision

Certificates of marriage, certified copies, and entries in the Marriage Register Book (or certified copies) shall be admissible as evidence of the marriage in any court of justice or before any person with authority to receive evidence.

Section Evidence of marriage Section Every certificate of marriage which shall have been filed in the office of the registrar of any district , or a copy of the certificate of marriage, purporting to be signed and certified as a true copy by the registrar of that district and every entry in a Marriage Register Book or a copy of the entry, certified as prescribed in this section, shall be admissible as evidence of the marriage to which it relates, in any court of justice or before any person having by law or consent of the parties authority to hear, receive and examine evidence.

Section 31

Part VI

Valid and invalid marriages

§ 32Valid and invalid marriages - Circumstances invalidating marriageProvision

A marriage is void if both parties knowingly and wilfully acquiesce in its celebration.

Section Circumstances invalidating marriage Section A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its celebration— No marriage in Uganda shall be valid which, if celebrated in England, would be null and void on the ground of kindred or affinity, or where either of the parties to it at the time of the celebration of the marriage is married by customary law to any person other than the person with whom the marriage is had. in any place other than the office of a registrar of marriages or a licensed place of worship, except where authorised by the Minister’s licence; under a false name or names; without the registrar ’s certificate of notice or Minister’s licence duly issued; or by a person not being a recognised minister of some religious denomination or body, or a registrar of marriages. A marriage shall not, after celebration, be deemed invalid by reason that any provision of this Act, other than the requirements of this section, has not been complied with.

Section 32

§ 33Valid and invalid marriages - Marriages under this Act validProvision

Marriages celebrated under this Act are valid in law.

Section Marriages under this Act valid Section All marriages celebrated under this Act shall be good and valid in law to all intents and purposes.

Section 33

§ 34Valid and invalid marriages - Marriages under customary lawProvision

A person married under this Act (or whose marriage is declared valid by it) cannot, while that marriage continues, contract a valid marriage under customary law.

Section Marriages under customary law Section Any person who is married under this Act, or whose marriage is declared by this Act to be valid, shall be incapable, during the continuance of that marriage, of contracting a valid marriage under any customary law, but nothing in this Act shall affect the validity of any marriage contracted under or in accordance with any customary law, or in any manner applied to marriages so contracted.

Section 34

Part VII

Expenses and fees

§ 35Expenses and fees - Certain expenses to be defrayed from public fundsProvision

The Minister may use money provided by Parliament to pay certain expenses related to transmitting or delivering the marriage registers and other necessary expenses for implementing the Act.

Section Certain expenses to be defrayed from public funds Section The Minister may defray out of money provided by Parliament all proper expenses connected with the transmission or delivery of the marriage registers, or which may otherwise become necessary to be incurred in implementing this Act.

Section 35

§ 36Expenses and fees - FeesAmendment

Fees listed in Schedule 2 must be paid to the registrars, who must pay them into the Consolidated Fund; the Minister may amend Schedule 2 by statutory order.

Section Fees Section The fees specified in Schedule 2 to this Act shall be paid to the registrars for the several matters to which they are applicable and shall be paid by them into the Consolidated Fund. The Minister may, by statutory order, amend Schedule 2 to this Act.

Section 36

§ 37Expenses and fees - Fee may be remittedProvision

The Minister may reduce or remit the fees in Schedule 2 and, where paid into the Consolidated Fund, order their refund when satisfied of the parties' poverty.

Section Fee may be remitted Section The Minister may, when he or she is satisfied of the poverty of the parties, reduce the amount of the fees specified in Schedule 2 to this Act, or remit them altogether; and, if they have been paid into the Consolidated Fund, order their refund.

Section 37

§ 38Expenses and fees - Minister may receive customary feesProvision

Minister may receive customary fees

Section Minister may receive customary fees Section This Act shall not preclude a minister from receiving the fees ordinarily paid to a minister of his or her denomination for the celebration of marriage.

Section 38

Part VIII

Offences and penalties

§ 39Offences and penalties - BigamyOffence

A person who commits bigamy is liable, on conviction, to imprisonment for a term not exceeding five years.

Section Bigamy Section Any person who commits bigamy is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 39

§ 40Offences and penalties - Marriage with person previously marriedOffence

It is an offence for an unmarried person to marry someone they know is already married, punishable by up to five years' imprisonment.

Section Marriage with person previously married Section Any person who, being unmarried, goes through the ceremony of marriage with a person whom he or she knows to be married to another person, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 40

§ 41Offences and penalties - Making false declarations, etc. for marriageOffence

Any person who makes a false statement in documents required for a marriage commits an offence and may be imprisoned: up to one year if they did not take reasonable means to verify the matter, or up to five years if they knew the matter was false.

Section Making false declarations, etc. for marriage Section Any person who in any declaration, certificate, licence, document or statement by law to be made or issued for the purposes of a marriage, declares, enters, certifies or states any material matter which is false, if he or she does so without having taken reasonable means to ascertain the truth or falsity of that matter, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding one year, or if he or she does so knowing that the matter is false, is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 41

§ 42Offences and penalties - False pretence of impediment to marriageOffence

Anyone who deliberately uses a false pretence to stop a marriage commits an offence and may be imprisoned for up to two years.

Section False pretence of impediment to marriage Section Any person who endeavours to prevent a marriage by pretence that his or her consent to it is required by law, or that any person whose consent is so required does not consent, or that there is any legal impediment to the performing of the marriage, shall, if he or she does so knowing that the pretence is false or without having reason to believe that it is true, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding two years.

Section 42

§ 43Offences and penalties - Unlawfully performing marriage ceremonyOffence

Any person who, knowing they are not qualified or that required legal matters have not occurred, performs or witnesses a marriage ceremony commits an offence and may be punished by imprisonment for up to five years.

Section Unlawfully performing marriage ceremony Section Any person who performs or witnesses as a marriage officer the ceremony of marriage, knowing that he or she is not duly qualified to do so, or that any of the matters required by law for the validity of the marriage has not happened or been performed, so that the marriage is void or unlawful on any ground, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 43

§ 44Offences and penalties - Wilful neglect of duty to fill up or transmit certificate of marriageOffence

Anyone who is under a duty to fill out or transmit a marriage certificate and wilfully fails to do so commits an offence and may be imprisoned for up to two years on conviction.

Section Wilful neglect of duty to fill up or transmit certificate of marriage Section Any person who, being under a duty to fill out the certificate of marriage celebrated by him or her, or its counterfoil, or to transmit the certificate to the registrar of marriages, wilfully fails to perform that duty, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding two years.

Section 44

§ 45Offences and penalties - Personation in marriageOffence

Any person who personates another in marriage or marries under a false name to deceive the other party commits an offence and may be imprisoned for up to five years.

Section Personation in marriage Section Any person who personates any other person in marriage, or marries under a false name or description, with intent to deceive the other party to the marriage, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 45

§ 46Offences and penalties - Fictitious marriageOffence

It is an offence for any person to go through a marriage ceremony they know is void where the other person believes it to be valid; on conviction the person may be imprisoned for a term not exceeding five years.

Section Fictitious marriage Section Any person who goes through the ceremony of marriage, or any ceremony which he or she represents to be a ceremony of marriage, knowing that the marriage is void on any ground, and that the other person believes it to be valid, commits an offence and is liable, on conviction, to imprisonment fora term not exceeding five years.

Section 46

§ 47Offences and penalties - Contracting marriage when already married by customary lawOffence

It is an offence for a person to marry under this Act if they are already married under customary law to someone else; on conviction they face up to five years' imprisonment.

Section Contracting marriage when already married by customary law Section Any person who contracts a marriage under this Act, being at the time married in accordance with customary law to any person other than the person with whom such marriage is contracted, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 47

§ 48Offences and penalties - Contracting marriage by customary law when already married under this ActOffence

Anyone who, while married under this Act, contracts another marriage according to customary law commits an offence and on conviction may be imprisoned for up to five years.

Section Contracting marriage by customary law when already married under this Act Section Any person who, having contracted marriage under this Act, during the continuance of that marriage contracts a marriage in accordance with customary law, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding five years.

Section 48

§ 49Offences and penalties - FormsOffence

The forms in Schedule 1 to this Act may be used, with such alterations as may be necessary, in applicable cases.

Section Forms Section The forms contained in Schedule 1 to this Act may be used in the cases to which they are applicable, with such alterations as may be necessary.

Section 49

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Schedule 2 by statutory order. Section Fees Section The fees specified in Schedule 2 to this Act
Section 36

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