Marriage (Prohibited Degrees of Relationship) Act


Published: 1934

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Marriage (Prohibited Degrees (CAP. 263 1
of Relationship)

CHAPTER 263

THE MARRIAGE (PROHIBITED DEGREES O F
RELATIONSHIP) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Marriages not to be deemed void as civil contracts,

except in certain cases.
4. Saving of existing rights and interests.
5. Saving.

MARRIAGE (PROHIBITED DEGREES O F
RELATIONSHIP)

(27th March, 1934.)

1. This Act may be cited as the Marriage (Prohibited Short title.
Degrees of Relationship) Act.

2. In this Act "sister" or "brother" shall include a Interpmtafion.
sister or brother of the half blood.

3. (1) No marriage heretofore or hereafter contracted Marriages not to
be deemed void

between a man and any of the following persons, that is to as ,;,;I contracts,
say- except in certain

cases.

(a) his deceased wife's sister;

(6) his deceased brother's widow;

(c) his deceased wife's brother's daughter;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 263) Marriage (Prohibited Degrees
of Relationship)

(4 his deceased wife's sister's daughter;
(e) his father's deceased brother's widow;

(j) his mother's deceased brother's widow;

(g) his deceased wife's father's sister;

(h) his deceased wife's mother's sister;

(2) his brother's deceased son's widow;

Q his sister's deceased son's widow;
within Antigua and Barbuda, or without, shall be deemed
to have been or shall be void or voidable, as a civil contract,
by reason only of such affinity:

Provided that in case, before the passing of this Act,
any such marriage shall have been annulled, or either party
thereto (after the marriage and during the life of the other)
shall have lawfully married another, it shall be deemed to
have become and to be void upon and after the day upon
which it was so annulled or upon which either party thereto
lawfully married another as aforesaid.

Saving of
existing rights

4. (1) No right, title, estate or interest, whether in
and interests. possession or expectancy, and whether vested or contingent

at the time of the passing of this Act, existing in, to, or in
respect of, any dignity, title of honour, or property, and no
act or thing lawfully done or omitted before the passing of
this Act shall be prejudicially affected nor shall any will be
deemed to have been revoked by reason of any marriage
heretofore contracted as aforesaid being made valid by this
Act.

(2) No claim by the Crown for duties leviable on or
with reference to death, and before the passing of this Act
due and payable, and no payment, commutation, composi-
tion, discharge, or settlement of account in respect of any
duties leviable on or with reference to death before the pass-
ing of this Act duly made or given, shall be prejudicially
affected by anything herein contained.

(3) Nothing in this Act shall affect the devolution or
distribution of the real or personal estate of any intestate,
not being a party to the marriage, who at the time of the

LAWS OF ANTIGUA AND BARBUDA

Marriage (Prohibited Degrees (CAP. 263 3
of Relationship)

passing of this Act shall be, and shall until his death con-
tinue to be, a lunatic, so found by inquisition.

5 . (1) Nothing in this Act shall remove any person Saving.
bearing any relationship set out in subsections ( a ) to of
section 3, from the class of persons adultery with whom con-
stitutes a right on the part of wives, to sue for divorce under
the Matrimonial Causes Act as amended by any subsequent Cap. 268-
enactment.

(2) Notwithstanding anything contained in this Act or
the Matrimonial Causes Act, it shall not be lawful for a
divorced man, or a man who has divorced his wife, to con-
tract any marriage which, upon the decease of any person,
would be authorized by this Act, but which would otherwise
be void or voidable by reason of affinity, during the lifetime
of that person.

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