Maritime Marriage Act 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Acts/Maritime%20Marriage%20%20Act%201999.pdf

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Maritime Marriage Act 1999
MARITIME MARRIAGE ACT 1999

1

BERMUDA
1999 : 21

MARITIME MARRIAGE ACT 1999

[Date of Assent 5 July 1999]

[Operative Date 16 July 1999]

ARRANGEMENT OF SECTIONS

1 Short title and
commencement

2 Interpretation
3 Licensing of masters to be

marriage officers
4 Registrar to keep list of

marriage officers
5 General prerequisites of

marriage
6 Notice of marriage
7 Issue of Certificate for

Marriage
8 Consent to marriage of

minors
9 Application for consent of

Judge
10 Caveat may be entered

11 Duties of marriage officer
and Registrar on entry of
caveat

12 Powers of Judge to whom
caveat referred

13 Special Licences
14 Certificate for Marriage or

Special Licence lapses
within three months

15 Contracting of marriage
before marriage officer

16 Marriage in extremis
17 Void marriages
18 Registration of marriages
19 Any person may search

registers and obtain
copies of particulars

20 Registrar may require
information

MARITIME MARRIAGE ACT 1999

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21 Alterations and
amendments

22 Offences
23 Evidence of marriage by

means of Registers
24 Use of foreign language
25 Oaths
26 Fees
27 Rules

28 Information may be
recorded in electronic
form

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

WHEREAS it is expedient to make provision for marriages to be
contracted on Bermuda ships on the high seas:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 This Act may be cited as the Maritime Marriage Act 1999 and
shall come into operation on such day as the Minister may appoint by
Notice published in the Gazette.

Interpretation
2 In this Act, unless the context otherwise requires —

"Bermuda ship" means a ship registered in Bermuda under Part
I of the Merchant Shipping Act 1894 of the United Kingdom,
or any modification or re-enactment thereof;

"Certificate for Marriage" means the certificate issued by the
Registrar under section 7;

"high seas" means all parts of the sea that are not included in
the territorial sea or the internal waters of a state or territory;

"master" includes every person (except a pilot) having command
or charge of any ship;

"Maritime Marriage Notice Book" means the book referred to in
section 6(2);

"Maritime Marriage Log Book" means the book referred to in
section 18(1);

"marriage officer" means the master of a Bermuda ship licensed
by the Minister to be a marriage officer under section 3;

MARITIME MARRIAGE ACT 1999

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"the Minister" means the Minister with responsibility for the
Registry General;

"Register of Maritime Marriages" means the register referred to in
section 18(1);

"Registrar" means the Registrar of Marriages referred to in
section 6 of the Marriage Act 1944;

Registrar of Shipping" means the Registrar of Shipping for
Bermuda referred to in section 3 of the Merchant Shipping
Act 1979;

"Special Licence" means the licence issued by the Minister under
section 13.

Licensing of masters to be marriage officers
3 (1) The Minister, by writing under his hand, may grant a
licence to the master of a Bermuda ship to be a marriage officer for the
purposes of this Act.

(2) An application for the grant to a master of a licence to be a
marriage officer shall be made in writing to the Minister and shall state
the full name of the applicant, his address and date of birth, and shall
contain such other particulars as may be prescribed.

(3) An application shall be forwarded to the Registrar of
Shipping accompanied with a certificate of the applicant's qualifications
to be a master of a Bermuda ship and a letter of his appointment to serve
on board a Bermuda ship.

(4) The Registrar of Shipping on being satisfied that the
application contains sufficient information to enable it to be considered
by the Minister, shall forward the application to the Registrar with his
recommendation on the application.

(5) Every licence granted by the Minister under this section
shall have effect as from such date and shall be valid for such period as
may be specified in the licence, and may, by the terms of the licence,
limit to any particular ship or ships the functions of the master so
licensed.

(6) A licence granted by the Minister under this section shall be
in the form set out in the First Schedule.

(7) The Minister shall cause a notice of the grant of the licence
to be published in the Gazette as soon as may be after the licence is
granted.

(8) The Minister may at any time and without assigning any
reason revoke a licence granted by him under this section.

MARITIME MARRIAGE ACT 1999

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(9) A marriage officer may at any time by notice in writing to
the Minister surrender his licence.

(10) The Minister shall cause a notice to be published in the
Gazette of every revocation of a licence under subsection (8) or surrender
of licence under subsection (9).

Registrar to keep list of marriage officers
4 The Registrar of Marriages shall keep affixed in a conspicuous
place in his office a list showing the names of all marriage officers
licensed under this Act and the names of the ships on which they are
serving.

General prerequisites of marriage
5 (1) Subject to the requirements of this Act relating to notice of
marriage and the issue of a Certificate for Marriage, a marriage may be
contracted before a marriage officer on the high seas under the authority
of a Certificate for Marriage.

(2) A marriage may be contracted before a marriage officer on
the high seas without notice of marriage or the issue of any Certificate for
Marriage under the authority of a Special Licence.

(3) A marriage in extremis may be contracted on the high seas
before a marriage officer in accordance with section 16.

Notice of marriage
6 (1) One of the parties to an intended marriage shall give to the
Registrar notice of the intended marriage in Form A set out in the Second
Schedule, making the declarations therein contained.

(2) The Registrar on receiving notice of the intended marriage
shall forthwith enter the particulars contained in the notice and the date
of the receipt of the notice in a book to be called the Maritime Marriage
Notice Book, and shall keep the notice posted in a conspicuous place in
his office for a period of not less than fourteen days from the date of the
receipt thereof.

(3) The Registrar shall also within three days of the receipt of
the notice of intended marriage cause advertisement thereof in Form B
set out in the Second Schedule to be published once in any two
newspapers published and circulated in Bermuda.

(4) Any expenses incurred by the Registrar in the publication of
the advertisement of a notice of intended marriage shall be paid to the
Registrar by the person who gave the notice.

MARITIME MARRIAGE ACT 1999

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Issue of Certificate for Marriage
7 (1) After the posting and advertisement of the notice of
intended marriage and at any time not later than three months or earlier
than fourteen days after the receipt of the notice of intended marriage,
the Registrar on the application of either of the parties to the intended
marriage, and if no lawful impediment has been shown to his satisfaction
why a Certificate for Marriage should not issue and if no caveat has been
entered against the issue of a Certificate for Marriage or if a caveat so
entered has been removed, shall issue to the applicant a Certificate for
Marriage in Form C set out in the Second Schedule:

(2) The Registrar shall not issue a Certificate for Marriage until
the expenses of the advertisement have been paid as required by section
6 (4).

Consent to marriage of minors
8 (1) Where a party to an intended marriage, not being a widower
or widow, is under twenty-one years of age, then the consent of the
person or persons mentioned in the Third Schedule shall be required to
the marriage of that party, but if there is no such person or are no such
persons to give consent then no consent shall be required.

(2) The consent required by subsection (1) shall be in such
form as may be prescribed.

Application for consent of Judge
9 (1) If any person whose consent to a marriage is required under
section 8 is absent from Bermuda or is of unsound mind, then a Judge,
on application being made, may consent to the marriage.

(2) If any person whose consent to a marriage is required under
section 8 refuses to give his consent, then a Judge, on application being
made, may consent to the marriage; and the consent of a Judge shall
have the same effect as if it had been given by the person whose consent
is refused.

(3) Any application for the consent of a Judge under this sec-
tion shall be made by the parties to the intended marriage and shall be
by originating summons.

Caveat may be entered
10 (1) Any person whose consent to a marriage is required under
this Act or who knows or claims to know of any just cause why the mar-
riage should not take place may enter a caveat against the issue of a
Certificate for Marriage.

(2) A person desiring to enter a caveat shall do so by notice in
writing under his hand given to the Registrar, stating that he forbids the

MARITIME MARRIAGE ACT 1999

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marriage and stating his full name and place of abode and the grounds
on which he claims to forbid the marriage.

(3) If the Registrar thinks fit, he may require such notice to be
made or given on oath.

(4) Notice may be given at any time before the issue of the
Certificate for Marriage to which it relates.

(5) Where a caveat is entered, the Registrar shall not issue a
Certificate for Marriage unless and until the caveat is removed.

Duties of marriage officer and Registrar on entry of caveat
11 (1) On the entry of a caveat, the Registrar shall forthwith record
in the Maritime Marriage Notice Book the particulars contained in the
notice and the date of the receipt of the notice.

(2) The Registrar shall as soon as may be refer every caveat to a
Judge.

Powers of Judge to whom caveat referred
12 Where a caveat has been referred to a Judge in accordance with
section 11, the following provisions shall have effect—

(a) if the Judge is of opinion that no legal ground has been
disclosed in the caveat for forbidding the marriage, he
may order the caveat to be removed without requiring
any of the parties to appear;

(b) in other cases, the Judge shall cause a summons to be
issued to the parties to the intended marriage and the
person by whom the caveat has been entered requiring
such person to show cause why the Certificate for
Marriage should not be issued in due course;

(c) the Judge may hear and determine every such matter in
a summary way and may confirm the caveat or may or-
der it to be removed;

(d) if the caveat is removed, the Registrar may issue his
Certificate for Marriage in due course and the marriage
may proceed as if the caveat had not been entered, but
the time that has elapsed between the entry and removal
of the caveat shall not be computed in the period of
three months specified in section 7(1);

(e) if it appears to the Judge that the caveat has been en-
tered on insufficient grounds, the Judge may award
compensation and costs to the party against whose mar-
riage the caveat was entered.

MARITIME MARRIAGE ACT 1999

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Special Licences
13 (1) Notwithstanding anything in the foregoing provisions of this
Act, the Minister may in the case of any intended marriage dispense with
the giving of notice of marriage and with the issue of a Certificate for
Marriage by the Registrar, and may grant a Special Licence in Form D in
the Second Schedule, authorizing the contracting of the marriage before
the marriage officer.

(2) An application for a Special Licence may be made by a party
to the intended marriage to the Minister and it shall be submitted to the
Registrar together with the affidavit referred to in subsection (5).

(3) The Registrar shall, if satisfied that there is sufficient
information for the consideration of the Minister, forward the application
and all other relevant documents to the Minister together with his
recommendation thereon.

(4) The Minister shall not grant a Special Licence under
subsection (1) unless—

(a) it appears to him that the intended marriage is a proper
one;

(b) that there are special or exceptional circumstances
justifying the grant of a Special Licence; and

(c) the affidavit mentioned in subsection (5) is produced to
him.

(5) One of the parties to the intended marriage shall make an
affidavit deposing to the following matters

(a) that there is no impediment of consanguinity or affinity
or other lawful hindrance to the intended marriage; and

(b) that each of the parties is of full age, or, if either of the
parties is not of full age, that the consent to the marriage
required by this Act has been obtained.

Certificate for Marriage or Special Licence lapses within three
months
14 Where an intended marriage does not take place within three
months after the date of the issue of any Certificate for Marriage or
Special Licence relating to the intended marriage, the Certificate for
Marriage or Special Licence shall be void, and the marriage shall not be
contracted before a marriage officer under the authority of that
Certificate for Marriage or Special Licence.

MARITIME MARRIAGE ACT 1999

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Contracting of marriage before marriage officer
15 (1) On the delivery to the marriage officer of a valid Certificate
for Marriage issued by the Registrar or of a valid Special Licence granted
by the Minister the parties specified in the Certificate for Marriage or
Special Licence may contract a marriage on board a Bermuda ship on
the high seas, subject to the observance of the following provisions —

(a) the marriage shall be contracted in the presence of the
marriage officer and of two or more credible witnesses
between the hours of ten o'clock in the forenoon and
four o'clock in the afternoon;

(b) the marriage officer on the delivery to him of the
Certificate for Marriage or Special Licence shall enquire
of the parties whether they are desirous of becoming
man and wife, and if and when the parties answer in the
affirmative he shall address them as follows: "Do you or
either of you know of any lawful impediment why you
should not be joined together in matrimony?" Each of
the parties shall then declare in the presence of the
witnesses "I do solemnly declare that I do not know of
any lawful impediment why I [A.B.] should not be joined
in matrimony to [C.D.] here present." And each of the
parties shall say to the other in the presence of the
witnesses "I call upon these persons here present to
witness that I [A.B.] do take you [C.D.] to be my lawful
wedded wife [or husband]."

(2) The marriage officer shall not permit any marriage to be
contracted before him if he knows or has reason to believe that there is
any lawful impediment to the marriage.

(3) All marriages contracted in the manner provided in this Act
on board Bermuda ships on the high seas before a marriage officer shall
be as valid in law as if the same had been contracted in Bermuda.

Marriage in extremis
16 (1) Notwithstanding anything in this Act, if the conditions
specified in subsection (2) are fulfilled, it shall be lawful to contract a
marriage before a marriage officer without giving notice of the intended
marriage, or (if notice has been given) without the issue of any Certificate
for Marriage, or without the grant of a special licence, or after the
expiration of three months from the date of the issue of a Certificate for
Marriage or Special Licence.

(2) The conditions referred to in subsection (1) are as follows—

(a) the parties to the intended marriage must be legally
competent to marry and must be of full age;

MARITIME MARRIAGE ACT 1999

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(b) the marriage must be contracted in the presence of two
or more credible witnesses in addition to the marriage
officer and one of the witnesses must be a medical
practitioner;

(c) one at least of the parties to the intended marriage must
in the opinion of the medical practitioner be in a dying
state but able to understand the material parts of the
marriage contract; and

(d) section 15(1)(b) must be observed as if a Certificate for
Marriage or Special Licence were delivered to the
marriage officer.

(3) A marriage contracted under this section shall not operate
as a revocation of any will.

Void marriages
17 (1) Without prejudice to the effect of any other provision of law
under which a marriage is void or voidable, a marriage shall be null and
void—

(a) unless it is contracted before a marriage officer:

(b) if the parties to the marriage are within the prohibited
degrees of consanguinity or affinity according to the law
for the time being in force in England;

(c) if at the time of the marriage either party to the marriage
is suffering from mental disorder within the meaning of
the Mental Health Act 1968;

(d) if at the time of the marriage either party to the marriage
is under the age of sixteen years;

(e) if both parties to the marriage knowingly and wilfully
acquiesce in the contracting of the marriage under a
false name or names;

(f) if both parties to the marriage knowingly and wilfully
acquiesce in the contracting of the marriage without any
notice given of the marriage (where such notice is
required by this Act) or without the authority, as the
case may be of a Certificate for Marriage or of a Special
Licence.

(g) if the marriage is contracted in extremis, and both
parties thereto knowingly and wilfully acquiesce in its
being so contracted without fulfillment of the conditions
specified in section 16.

MARITIME MARRIAGE ACT 1999

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(2) Save as provided in subsection (1) no marriage after it has
been contracted shall be deemed to be invalid by reason of a failure to
comply with any of the provisions of this Act.

Registration of marriages
18 (1) Immediately after the marriage has taken place before a
marriage officer, the marriage officer shall enter in a book to be called the
Maritime Marriage Log Book a statement of the marriage in Form E set
out in the Fourth Schedule, which statement shall be signed by the
marriage officer, by the parties to the marriage and by two credible
witnesses of the marriage, and the marriage officer shall, within fourteen
days after the contracting of the marriage, transmit to the Registrar a
duplicate of such statement similarly signed, and such duplicate
statement shall be filed by the Registrar and preserved among the
records of his office, and the Registrar shall enter a true copy thereof in
the Register of Maritime Marriages.

(2) In the case of a marriage contracted in extremis under
section 16 —

(a) the requirement as to the signing of the statement and
the duplicate thereof by the parties to the marriage shall
be waived so far as regards any party unable to sign;

(b) there shall be endorsed on the statement and on the du-
plicate thereof a certificate in Form F set out in the
Fourth Schedule which certificate shall be signed by the
marriage officer and by any party to the marriage able to
sign and by two credible witnesses of the marriage one of
whom shall be the medical practitioner referred to in
section 16;

(c) the Registrar shall insert the words "in extremis" in the
entry to be made in the Register of Maritime Marriages.

(3) Any marriage officer who, without reasonable cause or
excuse, fails within fourteen days after the contracting of any marriage to
transmit to the Registrar a duplicate statement in accordance with this
section is guilty of an offence and liable on summary conviction to a fine
not exceeding $2,000.

Any person may search registers and obtain copies of particulars
19 Any person at all reasonable times may search the entries in the
Register of Maritime Marriages and may have true copies certified under
the hand and seal of the Registrar of all particulars recorded in any such
entry.

MARITIME MARRIAGE ACT 1999

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Registrar may require information
20 (1) The Registrar may, for the purpose of completing or rectify-
ing the registration of any marriage, require any person who is required
by this Act to give any notice or statement relating to the marriage, or
who may reasonably be expected to have knowledge of the true facts
relating to the marriage, to make any written declaration or to give any
information within his knowledge relating to the marriage.

(2) If the Registrar thinks fit he may require any such declara-
tion or information to be made or given on oath.

Alterations and amendments
21 (1) No alteration in the Register of Maritime Marriages shall be
made except as authorized by this section.

(2) Any clerical error which may from time to time be
discovered in the Register may be corrected by the Registrar or by any
person authorized by him in that behalf; and where any such correction
is made a note to that effect shall be inserted in the Register and shall be
signed by the Registrar.

(3) Any error of fact or substance in the Register may be cor-
rected by the Registrar in cases where he is satisfied as to the truth of
the correction.

(4) The correction shall be made by entry in the Register
(without any alteration in the original entry) and a note to that effect
shall be inserted in the Register and shall be signed by the Registrar.

(5) Where a person applies for the correction of an error of fact
or substance, the Registrar, if satisfied as to the truth of the correction,
and upon payment of the prescribed fee, may make the correction in the
manner set out in subsection (4) upon production to him by the appli-
cant of a sworn declaration in writing setting forth the nature of the error
and the true facts of the case, and made and signed by a person required
to make any statement under the provisions of this Act relating to the
marriage to which the application relates or by any two credible persons
having knowledge of the truth of the case.

Offences
22 (1) Any person—

(a) who, not being a marriage officer, knowingly and
wilfully, authorizes or conducts or professes to authorize
or conduct the contracting of any marriage before him;

(b) who, being a marriage officer, authorizes or conducts the
contracting of any marriage, knowing that the marriage

MARITIME MARRIAGE ACT 1999

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is void on any ground, or knowing that it is an irregular
marriage;

(c) who is a party to a marriage, knowing that the marriage
is void on any ground and that the other party thereto
believes it to be valid;

(d) 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;

(e) who, in any declaration, notice, statement, certificate,
entry, licence or document required by any of the provi-
sions of this Act to be made, given or issued for the pur-
poses of a marriage, declares, states, certifies or enters
any material matter or thing which he knows to be false;
or

(f) who attempts or aids or abets the commission of any
such offence as aforesaid,

is guilty of an offence and is liable on conviction on indictment to
imprisonment for 4 years.

(2) Without prejudice to the effect of subsection (1)(c) or (d), any
person—

(a) who is a party to a marriage knowing that it is void on
any ground or knowing that it is an irregular marriage;

(b) who marries under a false name or description; or

(c) who attempts or aids or abets the commission of any
such offence as aforesaid,

is guilty of an offence and liable on conviction on indictment to
imprisonment for two years, or a fine not exceeding $20,000 or both
such imprisonment and fine.

(3) Without prejudice to the effect of paragraph (e) of subsec-
tion (1), any person who in any declaration, notice, statement, certificate,
entry, licence or document required by any of the provisions of this Act
to be made, given or issued for the purposes of a marriage, declares,
states, certifies or enters any material matter or thing which is false shall
if he does so without having reasonable grounds for believing such
matter or thing to be true is guilty of an offence and liable on conviction
on indictment to imprisonment for one year, or a fine of $10,000 or both
such imprisonment and fine.

(4) Any person who attempts to prevent a marriage by pretence
that his assent thereto is required by law, or that any person whose
consent is so required does not consent, or that there is any legal

MARITIME MARRIAGE ACT 1999

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impediment to the marriage shall, if he does so knowing that the
pretence is false, or having no reason to believe that it is true is guilty of
an offence and liable on conviction on indictment to imprisonment for
two years, or a fine not exceeding $20,000 or both such imprisonment
and fine.

(5) For the purpose of this section "irregular marriage" means a
marriage (not being a void marriage or a marriage in extremis)
contracted—

(a) without any notice given of the marriage where such no-
tice is required by this Act;

(b) without the authority of a Certificate for Marriage or a
Special Licence;

(c) after the expiration of three months from the date of the
issue of any such Certificate for Marriage or grant of a
Special Licence;

(d) before the removal of a caveat entered against the issue
of a Certificate for Marriage; or

(e) without consent to the marriage as required by this Act.

(6) A prosecution under this section shall not be instituted
without the written consent of the Director of Public Prosecutions.

Evidence of marriage by means of Registers
23 Every entry in the Register of Maritime Marriages and every copy
of any such entry purporting to be certified as a true copy under the
hand and seal of the Registrar shall be received in all courts and in all
proceedings whatsoever as evidence of the marriage to which the entry
relates.

Use of foreign language
24 Where any party to a marriage is not conversant with the
English language, then the statements and declarations required by this
Act to be used in the contracting of the marriage shall, so far as they
affect or are to be used by him or her, be made in the language which he
or she commonly uses.

Oaths
25 For the purposes of this Act—

(a) the Registrar is authorised to administer any oath;

(b) a declaration may be sworn in Bermuda before, and
subscribed by, a Justice of the Peace or a Commissioner
for taking affidavits in the Supreme Court;

MARITIME MARRIAGE ACT 1999

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(c) where a declaration is sworn or an oath is made outside
Bermuda, it may be sworn before, and subscribed by, a
judge, notary public or other person or authority
authorised to administer oaths.

Fees
26 There shall be payable to the Registrar such fees as may be
prescribed under the Government Fees Act 1965 in relation to the
performance by the Registrar of any function under this Act or any
matters incidental to the performance of any such functions.

Rules
27 The Minister may make rules for carrying into effect the
provisions of this Act and may by such rules prescribe forms to be used
for any purpose.

Information may be recorded in an electronic form
28 The information contained in any register, book or other
document required to be kept by the Registrar may be recorded and kept
by him in electronic form or such other form as he thinks fit, provided
that it is possible to inspect the information and to produce a copy of it
in legible form.

SCHEDULES

FIRST SCHEDULE

Licence to be a Marriage Officer

(section 3(6))

I, [blank]1 being the Minister with responsibility for the Minister's func-
tions under the Maritime Marriage Act 1999 do hereby license [blank] of
[blank]2 and usually master of the [blank}3 to be a marriage officer for
the purposes of the Maritime Marriage Act 1999 to officiate at marriages
contracted on board the following ship(s), namely [blank4].

Given under my hand the [blank] day of [blank].

1Insert name of Minister.
2Insert full name and full residential address of master.
3Insert name of ship.
4Insert name of ship or ships.

MARITIME MARRIAGE ACT 1999

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Minister of [blank]

SECOND SCHEDULE

Forms Relating to Marriage

FORM A

Notice of Intended Marriage

(section 6(1))

To the Registrar of Marriages

I, [blank]5, firstly hereunder named and described hereby give you notice
that a marriage is intended between me and the person secondly here-
under named and described, that is to say:

1 Full name

Marital status6

Profession or occupation

Age

Residential address

Name of ship on which marriage is to be contracted

(2) Full name

Marital status7

Profession or occupation

Age

5Insert full name of person giving notice.

6State whether single, widower, widow or divorced.
7State whether single, widower, widow or divorced.

MARITIME MARRIAGE ACT 1999

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Residential address

Name of ship on which marriage is to be contracted

I give this notice with the assent of the other party herein named and de-
scribed.

And I solemnly declare that I believe there is no impediment of
consanguinity or affinity or other lawful hindrance to the said marriage.

And I solemnly declare that the consent has been obtained of all whose
consent is necessary to the said marriage, namely8:

In witness whereof I have hereunto set and subscribed my hand this
[blank] day of [blank].

(Signature).

FORM B

Notice of Intended Marriage

(section 6(3))

The persons named and described hereunder have given notice
to me of their intended marriage, namely—

[blank] of [blank] and [blank] of [blank]9

Any person knowing any just cause or impediment why this
marriage should not be allowed should enter caveat forthwith in the of-
fice of the Registrar of Marriages.

Dated this [blank] day of [blank]

Registrar of Marriages

8If applicable, insert names and authority of person or persons whose consent is necessary; strike
out if not applicable.

9Insert full names, marital status and residential address of parties.

MARITIME MARRIAGE ACT 1999

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FORM C

Registrar's Certificate for Marriage

(section 7(1))

I, [blank], Registrar of Marriages, do hereby certify that on the [blank] day
of [blank] notice was duly entered in the Maritime Marriage Notice Book
in this Registry of the intended marriage between the parties hereunder
named and described, namely—

Full name

Marital status10

Profession or occupation

Age

Residential address

Consent, if any, by whom given

Notice of the intending marriage has been duly advertised.

No caveat has been entered against the issue of this certificate.

A caveat was entered against the issue of this certificate on the
[blank] day of [blank], but was removed by a Judge on the
[blank] day of [blank].

Witness my hand this [blank] day of [blank] [blank].

Registrar of Marriages

10State whether single, widower, widow or divorced.

MARITIME MARRIAGE ACT 1999

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N.B. This certificate will be void unless the marriage takes place on or
before the [blank] day of [blank]

FORM D

Special Licence

(section 13)

To11

These are to license the contracting before you of a marriage between
[blank] and [blank]12 in accordance with the provisions of the Maritime
Marriage Act 1999, you knowing no lawful impediment to the marriage.

Given under my hand this [blank] day of [blank].

Minister of [blank]

N.B. This licence will be void unless the marriage takes place on or
before the [blank] day of [blank].

THIRD SCHEDULE

Consents Required to the Marriage of a Minor

(section 8)

A.WHERE THE MINOR IS BORN IN WEDLOCK

Circumstances Person or Persons whose con-
sent is required

1. Where both parents are living:

(a) If parents living together; Both parents.

11Insert full names of marriage officer.
12Insert full names, marital status and residential address of parties.

MARITIME MARRIAGE ACT 1999

19

(b) If parents are divorced or
separated by order of a
court or by agreement;

The parent to whom custody of
the minor is committed by order
of the court or by the agree-
ment, or, if the minor is so
committed to one parent during
part of the year and to the other
parent during the rest of the
year, both parents.

(c) If one parent has been
deserted by the other.

The parent who has been de-
serted.

2 Where one parent is dead. The surviving parent.

3 Where both parents are dead. The lawfully appointed guardian
or guardians of the minor.

B. WHERE THE MINOR IS BORN OUT OF WEDLOCK

Circumstances Person or Persons whose con-
sent is required

1 If the mother of the minor is
living.

The mother.

2 If the mother of the minor is
dead.

The lawfully appointed guardian
or guardians of the minor.

MARITIME MARRIAGE ACT 1999

20

C. WHERE CUSTODY OF THE MINOR HAS BEEN COMMITTED BY
ORDER OF A COURT TO A PERSON OR PERSONS OTHER
THAN THE PERSON OR PERSONS WHOSE CONSENT IS
REQUIRED AS ABOVE

Circumstances Person or Persons whose con-
sent is required

In any case where the custody of
the minor has been committed by
order of the court to a person or
persons other than the person or
persons whose consent is required
under A or B.

The person or persons to whom
the custody of the minor has
been committed by order of the
court.

FOURTH SCHEDULE

Forms Relating to Registration of Marriage

FORM E

(section 18(1))

Particulars of marriage to be entered in Maritime Marriage Log Book and
Register of Maritime Marriages

No.

Name of ship and official number

When married (GMT - date and time, SMT - date and time)

Position of ship (latitude and longitude)

Full name

Marital status

Age

Profession or occupation

Residential address at time of marriage

Father's full name

After Registrar's Certificate or Special Licence

Consent by whom given

MARITIME MARRIAGE ACT 1999

21

This marriage was contracted between us [blank] 13in the presence of us
[blank]14

Contracted before me.

(Signature)

Marriage Officer.

FORM F

Certificate as to Marriage in Extremis

(section 18(2))

We the undersigned parties, witnesses and marriage officer do hereby
certify that, to the best of our knowledge and belief, both parties to the
marriage (the particulars of which appear hereon) are legally competent
to intermarry and are of full age, and I [blank]15 medical practitioner, do
hereby certify that, to the best of my knowledge and belief, the said
[blank]16 is/are in a dying state but able to understand the material
parts of the marriage contract.

)
)
)
)
) Signatures17

13Parties to sign here.
14Witnesses to sign here.
15Insert name of medical practitioner.
16Insert full name of person or persons in dying state.
17Marriage officer, parties and witnesses to sign here.