Civil Registration Act 2004
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
47 amending acts · 2025-12-31, revised-IE-2004-act-3@2025-12-31
Act to provide for the reorganisation, modernisation and naming of the system (to be known as the Civil Registration Service or, in the Irish language, an tSeirbhís um Chlárú Sibhialta) of registration of births, stillbirths, adoptions, marriages and deaths (including certain births and deaths occurring outside the State), to provide for the extension of the system to decrees of divorce and decrees of nullity of marriage and for those purposes to revise the law relating to the system, to amend the law relating to marriages and to provide for related matters
- (5) On receipt of a corrected record under subsection (4), an tArd-Chláraitheoir shall cause a correct entry that takes account of the corrected record to be entered in the register and the then existing entry relating to the death concerned shall be retained in the register.
- (6) In this section—
“foreign aircraft” means an aircraft which is not an Irish aircraft;
“foreign ship” means a ship which is not an Irish ship;
“Irish aircraft” means an aircraft registered in the State;
“Irish ship” has the meaning assigned to it by the Mercantile Marine Act 1955.
40. Registration after more than 12 months from death.
40.—(1) A registrar shall not register a death at a time more than 12 months from the date of the death or the finding of the body concerned without the consent in writing of the Superintendent Registrar F170[of the registration area to which the registrar is assigned].
- (2) The fact of the giving of a consent under subsection (1) shall be noted in the register.
41. Furnishing of particulars of death by a coroner to registrar.
41.—(1) Where, in pursuance of the Coroners Act 1962, a coroner—
- (a) holds an inquest,
- (b) adjourns an inquest at which evidence of identification and medical evidence as to the cause of death has been given, or
- (c) decides, as a result of a post-mortem examination, not to hold an inquest,
he or she shall give the appropriate registrar a certificate containing the required particulars of the death concerned and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.
- (2) Where a coroner inquires into the circumstances of a death without holding an inquest or causing a post-mortem examination to be made, he or she shall give the appropriate registrar a certificate containing the required particulars of the death and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.
- (3) Where there is an error in a certificate furnished under subsection (1) or (2) the coroner concerned may give a certificate correcting the error to the registrar concerned, and the registrar shall correct the error in the register.
- (4) In this section “appropriate registrar” means a registrar in the F171[registration area] in which the body concerned is lying or was found.
41A. F176[Furnishing of corroborated particulars of death certificate to qualified informant by coroner
41A.— ...]
42. Certificate of cause of death.
42.—(1) On the death following an illness of a person who was attended during that illness by a registered medical practitioner, the practitioner shall sign and give to a qualified informant (within the meaning of section 37) a certificate stating to the best of his or her knowledge and belief the cause of the death, and the informant shall give the certificate to any registrar together with the form specified in section 37(1) containing the required particulars in relation to the death.
- (2) Where a registrar is given a certificate under subsection (1), the registrar shall enter in the register, together with the required particulars—
- (a) the cause of the death concerned stated in the certificate, and
- (b) the name and address of the registered medical practitioner concerned.
42A. F178[Notification of early neonatal deaths
42A.— ...]
43. Place of death.
43.—(1) Where the body of a dead person is found on land and the place in which the death occurred is not known, the death shall be registered by a registrar in the F179[registration area] in which the body is found.
- (2) Where the body of a dead person is found in a river, lake or waterway or in the sea or any other area of water, the death shall be registered by a registrar in the F179[registration area] where the body is brought ashore from the area of water in question.
44. Power of coroner to authorise disposal of bodies.
44.—(1) A coroner may—
- (a) when he or she has held an inquest on a body, but, subject to paragraph (b), in no other circumstances, if he or she thinks fit, by order authorise—
- (i) a relative of the deceased person, or any other person, who proposes to cause the body to be disposed of, or
- (ii) the undertaker, or any other person, who is in charge of the funeral of the deceased person,
to dispose of the body before the registration of the death, and
- (b) authorise the disposal of a body, whether it is lying for the time being in or outside his or her district, irrespective of whether he or she has decided that it is, or will become, necessary to hold an inquest on it.
- (2) In subsection (1), “disposal”, in relation to a body, means disposal by burial, cremation or any other means and cognate words shall be construed accordingly.
F180[PART 5A Death Abroad]
44A. F181[Application of Part
44A.—(1) This Part applies to the death occurring outside of the State (other than where section 38 or 39 applies) of an Irish citizen who was ordinarily resident in the State within 5 years prior to the date of his or her death.
- (2) Part 5 shall not apply to a death to which this Part applies.
- (3) This Part applies to a death referred to in subsection (1) that occurs before or after the commencement of this section.]
44B. F182[Record of deaths abroad
44B.—(1) An tArd-Chláraitheoir shall maintain and keep a record of all deaths to which this Part applies (in this Part referred to as the "record of deaths abroad"), notified to him or her, a Superintendent Registrar or registrar under this Part.
- (2) The record of deaths abroad may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the record.]
44C. F183[Provision of information
44C.—(1) An informant may notify a registrar of the death of a deceased person in relation to whose death this Part applies, and on furnishing the information and documents referred to in subsection (2) may request that the death is recorded on the record of deaths abroad.
- (2) The following information and documents shall be furnished with a request under subsection (1):
- (a) such evidence, as may be specified by an tArd-Chláraitheoir, to satisfy the registrar that the death is a death to which this Part applies,
- (b) where required by the registrar, a document duly authenticated which purports to be a translation of a document referred to in paragraph (c),
- (c) where there was at the time of the death, a system of registration of deaths in the state where the death occurred which applied to the death, a document certified to be a true copy or extract from civil records of the death in accordance with the laws of that state,
- (d) as much of the following information as may be available:
- (i) date and place of death;
- (ii) place of birth of deceased;
- (iii) sex of deceased;
- (iv) forename, surname, birth surname and address of deceased;
- (v) personal public service number of deceased;
- (vi) civil status of deceased;
- (vii) date of birth of deceased;
- (viii) profession or occupation of deceased;
- (ix) if deceased was married or a civil partner, the profession or occupation of spouse or civil partner;
- (x) if deceased was less than 18 years of age on date of death, occupation of each of his or her parents or guardian;
- (xi) forename and birth surname of father of deceased;
- (xii) forename and birth surname of mother of deceased;
- F186[(xii) forename and birth surname of parent of deceased;]
- (xiii) forename, surname, qualification, address and signature F184[of informant;]
- F185[(xiv) forename(s) and birth surname(s) of parent(s) of deceased.]
- (3) The informant shall provide his or her signature, in such manner as an tArd-Chláraitheoir may direct, to the registrar.
- (4) In this section "informant" means a relative, civil partner or cohabitant of a deceased person in relation to whose death this Part applies, or, if all of those persons are unavailable, such other person having knowledge of the death as an tArd-Chláraitheoir may specify.]
44D. F187[Certificate of entry on the record of deaths abroad
44D.—Evidence of an entry of the death on the record of deaths abroad, and of such of the facts therein recorded as an tArd-Chláraitheoir may specify, may be given by the production of a document purporting to be a legible copy of the entry by an tArd-Chláraitheoir, a person authorised in that behalf by an tArd-Chláraitheoir, a Superintendent Registrar, an authorised officer or a registrar.]
44E. F188[Amendment of entry on the record of deaths abroad
44E.—On application to an tArd-Chláraitheoir in such manner as he or she may specify, by a person having an interest in the matter, or, if an tArd-Chláraitheoir is satisfied that—
- (a) either the documents or information furnished to him or her under section 44C(2), or
- (b) the record of deaths abroad,
contain an error of fact, he or she may correct the error concerned and, as necessary, notify the person having an interest in the matter or furnish, under section 44D, evidence of the entry of the death as amended.]
F189[PART 5B Registration of Presumed Deaths]
44F. F190[Interpretation
44F.—In this Part—
"Court" shall be construed in accordance with section 10 of the Act of 2019;
"register" means the register of presumed deaths.]
44G. F191[Application of Part
44G.—(1) This Part applies to a presumed death where a presumption of death order has been made under section 5 of the Act of 2019.
- (2) Parts 5 and 5A shall not apply to a presumed death to which this Part applies.]
44H. F192[Furnishing of particulars of presumed death by a court to registrar
44H.—(1) Where, in accordance with section 5(3) of the Act of 2019, a Court makes a presumption of death order, the Court concerned shall give to an tArd-Chláraitheoir a copy of the presumption of death order, together with the required particulars contained in Part 5B of the First Schedule that are available to the Court, and he or she shall register the presumed death, or cause it to be registered.
- (2) Where there is an error in an order furnished under subsection (1) the Court concerned may give to an tArd-Chláraitheoir a further order correcting the error, and he or she shall correct the error in the register, or cause it to be corrected.
- (3) Where a variation order is made by a Court under section 8(3) of the Act of 2019, the Court concerned shall, in an appropriate case, give a copy of the variation order to an tArd-Chláraitheoir, and he or she shall remove the original entry from the register or make such adjustment to that entry as may be required by the variation order, or cause it to be so removed or adjusted.
- (4) Where a body has been recovered and—
- (a) the body is that of a person for whom an entry has been made in the register, and
- (b) an entry has been made in the register of deaths in respect of the recovered body or an entry has been made in the record of deaths abroad in respect of the recovered body,
an tArd-Chláraitheoir shall remove the original entry from the register, or cause it to be removed.]
PART 6 Amendment of Law Relating to Marriages
45. Definitions (Part 6).
45.—In this Part—
F193["body" means the Executive, a religious body or a secular body;]
“marriage registration form” means a form prescribed under section 48;
F194["place that is open to the public" has the meaning given by section 51(2A);]
“the register” means the register of marriages and cognate words shall be construed accordingly;
“the Register” means the register maintained under section 53 and cognate words shall be construed accordingly;
“registered solemniser” means a person standing registered in the Register;
“religious body” means an organised group of people members of which meet regularly for common religious F195[worship;]
F196["secular body" shall be construed in accordance with section 45A.]
45A. F197[Secular body
45A.— (1) For the purposes of this Part, a body shall, subject to subsection (2), be a secular body if it is an organised group of people and—
- (a) it has not fewer than 50 members,
- (b) its principal objects are secular, ethical and humanist,
- (c) members of the body meet regularly in relation to their beliefs and in furtherance of the objects referred to in paragraph (b),
- (d) it does not have any rules regarding marriage or the solemnisation of marriages that contravene the requirements of this Act or any other enactment or rule of law,
- (e) it is shown to the satisfaction of an tArd-Chláraitheoir to be a body that has appropriate procedures in writing for selecting, training and accrediting members as fit and proper persons to solemnise marriages,
- (f) it is a body that, on the date of its making of an application under section 54 or 57, has been in existence for a continuous period of not less than 5 years,
- (g) it is a body—
- (i) that is entitled to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997, and was so entitled for a continuous period of not less than five years immediately preceding the date of the body’s most recent application under section 54 or 57, and
- (ii) in respect of which—
- (I) a number (commonly referred to as a CHY number) stands issued by the Revenue Commissioners for the purposes of that exemption, and
- (II) that number stood issued for a continuous period of not less than 5 years immediately preceding the date of its most recent application under section 54 or 57,
- (h) it is a body that does not have the making of profit as one of its principal objects, and
- (i) it maintains a register of its members.
- (2) None of the following is a secular body for the purposes of this Part:
- (a) a political party, or a body that promotes a political party or candidate;
- (b) a body that promotes a political cause;
- (c) an approved body of persons within the meaning of section 235 of the Taxes Consolidation Act 1997;
- (d) a trade union or a representative body of employers;
- (e) a chamber of commerce;
- (f) a body that promotes purposes that are—
- (i) unlawful,
- (ii) contrary to public morality,
- (iii) contrary to public policy,
- (iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or
- (v) for the benefit of an organisation membership of which is unlawful.]
46. Notification of marriages.
46.—(1) A marriage solemnised in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned—
- F198[(a) (i) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to marry—
- (I) not less than 3 months prior to the date on which the marriage is to be solemnised, or
- (II) at any time prior to the date on which the marriage is to be solemnised where the parties to the intended marriage are parties to a subsisting civil partnership with each other and have previously either complied with section 59B(1) (a) in respect of that civil partnership or been exempted from such compliance by order of the Circuit Court or the High Court under section 59B(2),
or
- (ii) are granted an exemption from the application of subparagraph (i) (I) under section 47 and give a copy of the court order granting the exemption to any registrar before the date aforesaid,]
and
- (b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or such lesser number of days as may be determined by that registrar) before the date aforesaid and make and sign a declaration in his or her presence that there is no impediment to the said marriage.
- (2) Except in such circumstances as may be prescribed, a notification referred to in subsection (1)(a)(i) shall be delivered by both of the parties to the intended marriage, in person, to the registrar.
- (3) F201[A notification or a copy of a court order referred to in subsection (1)(a)] shall be accompanied by the prescribed fee and such (if any) other documents and information as may be specified by an tArd-Chláraitheoir.
- F199[(3A) Where one or each of the persons notifying the registrar under this section is a foreign national, the notification or copy of the court order shall be accompanied by such documents and information as may be specified by an tArd-Chláraitheoir regarding the immigration status of the foreign national concerned or any other matter relating to that foreign national referred to at section 58(4C).]
- (4) The requirements specified in subsections (1) and (2) are declared to be substantive requirements for marriage.
- (5) When, in relation to an intended marriage, a registrar receives a notification under, or a copy of a court order referred to in, subsection (1) (a) and any other documents or information specified in subsection (3), he or she shall notify in writing of the receipt each of the parties to the intended marriage and the person who is intended to solemnise the marriage.
- (6) A notification under subsection (5) shall not be construed as indicating the approval of the registrar concerned of the proposed marriage concerned.
- (7) The registrar concerned may require each party to an intended marriage to provide him or her with such evidence relating to that party's forename, surname, address, F200[civil status], age and nationality as may be specified by an tArd-Chláraitheoir.
- (8) An tArd-Chláraitheoir may, if so authorised by the Minister, publish, in such form and manner as the Minister may direct, notice of notifications of intended marriages under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended marriage concerned.
- (9) Where, in relation to a marriage solemnised after the commencement of this section, the appropriate notification under section 32(1)(a)(i) of the Family Law Act 1995 was duly given in compliance with that provision on a date before such commencement, the notification shall be deemed to be a notification under subsection (1)(a)(i) duly given in compliance with that provision on that date and the parties to the marriage shall be deemed, for the purposes of this Act, to have complied with subsections (1)(a)(i), (2) and (3).
- (10) Where, in relation to a marriage solemnised after the commencement of this section, the parties concerned attended on a date before such commencement at the office of a registrar, or at another convenient place specified by a registrar, and there made and signed a declaration in his or her presence that there is no impediment to the said marriage, the declaration shall be deemed to be a declaration under subsection (1)(b) duly made and signed in compliance with that provision on that date and the parties to the marriage shall be deemed, for those purposes, to have complied with subsection (1)(b).
47. Exemption of certain marriages from section 46(1)(a)(i).
47.—(1) The Circuit Family Court or the High Court may, on application to it in that behalf by both of the parties to an intended marriage, by order exempt the marriage from the application of section 46(1)(a)(i).
- (2) The following provisions shall apply in relation to an application under subsection (1)—
- (a) it may be made informally,
- (b) it may be heard and determined otherwise than in public,
- (c) a court fee shall not be charged in respect of it, and
- (d) it shall not be granted unless the applicants show that its grant is justified by serious reasons and is in their interests.
- (3) Where, in relation to a marriage solemnised after the commencement of this section, an order was made under section 33 of the Family Law Act 1995 on a date before such commencement exempting the marriage from the application of section 32(1)(a) of that Act, the order shall be deemed, for the purposes of this Act, to be an order made on that date under subsection (1) exempting the marriage from the application of paragraph (a)(i) of section 46(1) and to have been given to a registrar, and the parties to the marriage shall be deemed, for those purposes, to have complied with subparagraph (ii) of that paragraph.
- (4) The jurisdiction conferred on the Circuit Family Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned is intended to be solemnised is situate.
48. Marriage registration form.
48.—(1) Where, in relation to an intended marriage—
- (a) a registrar to whom the notification concerned under, or a copy of the court order concerned referred to in, section 46 was given is satisfied that section 46 has been complied with, or
- (b) a registrar is satisfied that—
- (i) by virtue of subsection (9) of section 46, subsections (1)(a)(i), (2) and (3) of that section are deemed to have been complied with, or
- (ii) by virtue of section 47(3), section 46(1)(a)(ii), is deemed to have been complied with,
and section 46 has been, or is deemed to have been, complied with in all other respects, or
- (c) a registrar is satisfied that, by virtue of subsection (10) of section 46, subsection (1)(b) of that section is deemed to have been complied with, and section 46 has been, or is deemed to have been, complied with in all other respects,
he or she shall complete a marriage registration form in relation to the intended marriage.
- (2) In the case of an intended marriage, the registrar aforesaid shall, before the solemnisation of the marriage, give a marriage registration form completed in accordance with subsection (1) to one of the parties to the marriage.
- (3) A marriage shall not be solemnised unless one of the parties to the marriage has given the relevant marriage registration form to the person solemnising the marriage, for examination by him or her.
- (4) Where a marriage has not been solemnised within the period of 6 months from the date specified in the relevant marriage registration form, but is intended to be solemnised, the parties thereto shall—
- (a) submit to a registrar, as may be appropriate—
- (i) if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 46(1)(a)(i), another such notification or, if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 32(1)(a)(i) of the Family Law Act 1995, a notification in relation to the marriage pursuant to section 46(1)(a)(i), or
- (ii) another copy of the relevant order under section 47 or, if an order in relation to the marriage was previously made under section 33 of the Family Law Act 1995, a copy of the order,
and
- (b) shall comply with paragraph (b) of section 46(1),
and, upon compliance by the parties with paragraphs (a) and (b), the registrar shall give to one of them another marriage registration form completed by him or her in accordance with subsection (1).
- (5) A form, which shall be known as, and is referred to in this Part, as a marriage registration form, may be prescribed for the purposes of this Part.
49. Registration of marriages.
49.—(1) Immediately after the solemnisation of a marriage, the marriage registration form relating to the marriage shall be signed by—
- (a) each of the parties to the marriage,
- (b) two witnesses to the solemnisation of the marriage, and
- (c) the person who solemnised the marriage.
- (2) Either of the parties to a marriage shall give to a registrar, within one month from the date of the marriage, the marriage registration form duly completed in accordance with subsection (1).
- (3) A registrar shall, as soon as practicable after he or she receives a marriage registration form under subsection (2), enter the particulars in relation to the marriage concerned specified in the form in the register and register the marriage in such manner as an tArd-Chláraitheoir may direct.
- (4) Subject to subsection (5), a registrar shall not register a marriage if he or she has not received the relevant marriage registration form.
- (5) Where an tArd-Chláraitheoir is satisfied that the marriage registration form relating to a duly solemnised marriage has been lost, destroyed or damaged, he or she may direct the appropriate registrar—
- (a) to complete another marriage registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and
- (b) when it has been so signed, to enter the particulars in relation to the marriage specified in the form in the register and to register the marriage in such manner as he or she may direct.
- (6) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.
- (7) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a marriage—
- (a) (i) that was not exempted under section 33 of the Family Law Act 1995 from the application of section 32(1)(a) of that Act, and
- (ii) in relation to which the said section 32(1)(a) was contravened,
- (b) (i) that was not exempted under section 47 from the application of section 46(1)(a)(i), and
- (ii) in relation to which section 46(1)(a)(i) was contravened,
or
- (c) in relation to which section 46(1)(b) was not complied with,
he or she—
- (d) shall direct a registrar to cancel the entry and the direction shall be complied with, and
- (e) shall notify the parties concerned of the direction.
- (8) Where, in relation to a marriage solemnised in accordance with the rites and ceremonies of the Roman Catholic Church after the commencement of this section, a certificate under section 11 of the Registration of Marriages (Ireland) Act 1863 was procured by a party to the marriage before such commencement, the certificate shall be deemed, for the purposes of this section, to be a marriage registration form duly completed in accordance with subsection (1) and that section shall be deemed, for those purposes, to have been complied with.
- (9) Where, in relation to a marriage to which section 11 of the Registration of Marriages (Ireland) Act 1863 applies and which was solemnised before the commencement of this section—
- (a) the said section 11 was not complied with, and
- (b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,
the said section 11 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chláraitheoir may direct.
- (10) Where, in relation to a marriage to which section 22 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 applies and which was solemnised before the commencement of this section—
- (a) the said section 22 was not complied with, and
- (b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,
the said section 22 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chláraitheoir may direct.
50. Non-receipt of marriage registration form by registrar.
50.—(1) Where, upon the expiration of 56 days from the date specified in the relevant marriage registration form on which a marriage is intended to be solemnised, the registrar by whom the form was issued has not received the completed marriage registration form, he or she may serve on either of the parties to the marriage a notice, in a form standing approved by an tArd-Chláraitheoir, requiring that party to give, or cause to be given, to him or her, not later than 14 days from the date of the notice, the first-mentioned form duly completed.
- (2) If a person fails to comply with a requirement made on him or her under subsection (1), the registrar concerned may serve on him or her a notice, in a form standing approved by an tArd-Chláraitheoir, requiring the person to attend on a date (not being less than 14 days from the date of the notice) specified in the notice at the office of the registrar or at any other convenient place specified in the notice and to give to him or her at that time or not later than 14 days from that date the relevant completed marriage registration form.
51. Solemnisation of marriages.
51.—(1) A marriage may be solemnised by, and only by, a registered solemniser.
- (2) A registered solemniser shall not solemnise a marriage unless—
- (a) both parties to the marriage are present,
- (b) two persons professing to be 18 years or over are present as witnesses,
- F204[(c) the solemnisation takes place in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar—
- (i) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the persons to be married is too ill to attend at a place that is open to the public, and
- (ii) gives approval to the solemniser to the solemnisation taking place at another place—
- (I) chosen by the persons to be married, and
- (II) agreed to by the solemniser.]
- (d) he or she is satisfied that the parties to the marriage understand the nature of the marriage ceremony and the declarations specified in subsection (4).
- F205[(2A) In subsection (2) "place that is open to the public" means—
- (a) a building that is open to the public, or
- (b) a courtyard, garden, yard, field or piece of ground that is open to the public and lying near to and usually enjoyed with the building referred to in paragraph (a).]
- (3) A registered solemniser shall not solemnise a marriage except in accordance with a form of ceremony which—
- (a) has been approved by an tArd-Chláraitheoir,
- (b) includes and is in no way inconsistent with the declarations specified in subsection (4), and
- (c) in the case of a registered solemniser who is not a registrar, is recognised by F206[the religious body or the secular body, as the case may be,] of which he or she is a member.
- (4) The declarations referred to in subsection (3) are—
- (a) a declaration by the parties to the marriage in the presence of—
- (i) each other,
- (ii) the registered solemniser who is solemnising the marriage, and
- (iii) the two witnesses to the solemnisation,
to the effect that he or she does not know of any impediment to the marriage, and
- (b) a F207[declaration by each of the parties to the marriage] in the presence of—
- (i) each other,
- (ii) the registered solemniser who is solemnising the marriage, and
- (iii) the two witnesses to the solemnisation,
F207[to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be].
- (5) The requirements specified in subsections (1) to (3) are declared to be substantive requirements for marriage.
- (6)
- (a) If a person, being one of the parties to a marriage, the registered solemniser concerned or one of the witnesses to the solemnisation, does not have a sufficient knowledge of the language of the ceremony to understand the ceremony and that language, the parties to the marriage shall arrange for the translation during the ceremony of the words of the ceremony into a language known to the person by an interpreter (not being a party or a witness to the marriage) present at the ceremony.
- (b) An interpreter who is present at a marriage ceremony pursuant to paragraph (a) shall—
- (i) before the ceremony, sign, in the presence of the registered solemniser, a statement to the effect that the interpreter understands, and is able to converse in, any language in respect of which he or she is to act as interpreter at the ceremony, and give the statement to the registered solemniser, and
- (ii) immediately after the ceremony, give the registered solemniser a certificate written in the language used by the registered solemniser at the ceremony and signed by the interpreter in the presence of the registered solemniser to the effect that the interpreter has faithfully acted as interpreter at the ceremony.
- F207[(7) The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when each of them has made a declaration in the presence of the other, the registered solemniser and the two witnesses that each of them accepts the other as a husband, a wife or a spouse, as the case may be.]
- (8) This section shall have effect notwithstanding any statutory provision that conflicts with it.
- (9) A declaration specified in paragraph (a) of subsection (4) may be made at any time before the declaration under paragraph (b) of that subsection is made, not being a time earlier than 2 days before the day on which the latter declaration is made.
- (10) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.
52. Places and times for the solemnisation of marriages.
52.—(1) Notwithstanding any statutory provision that conflicts with this subsection, a marriage may be solemnised only at a place and time chosen by the parties to the marriage with the agreement of the registered solemniser concerned and (if the registered solemniser is a registrar and the place chosen is not the office of a registrar) the approval of the place by F208[the Executive], and the question whether to give or withhold such an approval shall be determined by F208[the Executive] by reference to such matters as may be specified by the Minister.
- (2)
- (a) Where a registrar who is a registered solemniser solemnises a marriage at a place other than the office of a registrar, a fee of such amount as F208[the Executive] may determine shall be paid by the parties to the marriage to the registrar.
- (b) Where travel or subsistence expenses are incurred by a registrar who is a registered solemniser in connection with the solemnisation of a marriage by him or her at a place other than his or her office, an amount in respect of the expenses, calculated by reference to a scale drawn up by F208[the Executive], shall be paid to the registrar by the parties to the marriage.
- (c) An amount payable under paragraph (a) or (b) may be recovered by the registrar concerned from the parties to the marriage concerned as a simple contract debt in any court of competent jurisdiction.
- F209[(2A) In this section a reference to a place means a place that is open to the public.]
- (3) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.
- F210[(4) Subsection (1) does not apply in respect of a marriage solemnised in the circumstances described in subparagraph (i) and (ii) of section 51(2)(c).]
53. Register of Solemnisers.
53.—(1) An tArd-Chláraitheoir shall establish and maintain a register (which shall be known as the Register of Solemnisers and is referred to in this Part as “the Register”) of persons empowered, by virtue of their registration in the Register, to solemnise marriages.
- (2) The Register shall be open to inspection by members of the public at all reasonable times.
- (3) An tArd-Chláraitheoir shall, subject to subsection (4), register a person in respect of whom an application is made under section 54.
- (4) An tArd-Chláraitheoir shall refuse to register a person if he or she considers that—
- (a) the body concerned (not being F211[the Executive]) is not F212[a religious body or a secular body],
- (b) the form of marriage ceremony used by the body concerned does not include both of the declarations specified in section 51(4) or is inconsistent with either of them,
- (c) the form of marriage ceremony used by the body concerned has not been approved by an tArd-Chláraitheoir, or
- (d) the person is not a fit and proper person to solemnise a marriage.
- (5) It shall be the duty of the body on the application of whom a person is registered in the Register to notify an tArd-Chláraitheoir as soon as practicable of—
- (a) the death, resignation or retirement of the person from the office by virtue of which he or she became so registered, or
- (b) any change in the information provided in the application, and an tArd-Chláraitheoir shall make such amendments of the Register as he or she considers necessary.
- (6) An entry in the Register shall be in such form and contain such particulars as an tArd-Chláraitheoir may determine.
- (7) The Minister may provide by regulations for the correction of errors in entries in the Register by causing corrected entries to be entered in the Register and the original entries to be maintained in the Register.
54. Application by bodies for registration of persons.
54.—F213[(1) A body may apply to an tArd-Chláraitheoir—
- (a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more,
- (b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more, and
- (c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more.]
- (2) An application under subsection (1) shall be in such form and contain particulars in relation to such matters as an tArd-Chláraitheoir may determine.
- F214[(2A) An application to which subsection (1)(c) applies shall be accompanied by a certificate—
- (a) in such form and containing such particulars as may be determined by an tArd-Chláraitheoir, and
- (b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.
- (2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chláraitheoir with such additional information as he or she may request within such period as may be specified in the request.]
- (3) Where one or more members of F215[a religious body or a secular body] stand registered in the Register, the body shall not make a further application under subsection (1) unless it is satisfied that there is a need for a larger number of its members to be so registered.
55. Cancellation of registration.
55.—(1) An tArd-Chláraitheoir may cancel the registration of a person on the ground that—
- (a) the person or the body concerned has requested him or her to cancel it,
- F216[(aa) the body concerned (not being the Executive) has ceased to be a religious body or a secular body,]
- (b) the marriage ceremony used by the body no longer includes both of the declarations specified in section 51(4) or is inconsistent with one or both of them,
- (c) the person—
- (i) has, while registered, been convicted of an offence under this Act,
- (ii) for the purpose of profit or gain has carried on a business of solemnising marriages,
- (iii) is not a fit and proper person to solemnise marriages, or
- (iv) for any other reason, should not continue to be registered.
- (2) Where an tArd-Chláraitheoir intends to cancel the registration of a person on a ground mentioned in subsection (1)(c), he or she shall, give notice in writing of his or her intention to the person and the body concerned and shall specify the ground in the notice and the notice shall, if practicable, be of at least 21 days.
- (3) After a person receives a notice under subsection (2), he or she shall not solemnise a marriage unless—
- (a) an tArd-Chláraitheoir notifies the person that he or she has decided not to cancel the registration, or
- (b) the Minister notifies the person that an appeal under section 56(2) in respect of his or her registration has been successful,
and, where an tArd-Chláraitheoir gives a notification pursuant to paragraph (a), he or she shall also notify the body concerned of his or her decision.
56. Appeals against refusals or cancellations of registration.
56.—(1) If an tArd-Chláraitheoir refuses to register a person named in an application by a body under section 54(1)—
- (a) an tArd-Chláraitheoir shall notify the person and the body, by notice in writing, of the refusal and of his or her reasons for the refusal, and
- (b) the person or the body or both of them may appeal against the refusal to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.
- (2) If an tArd-Chláraitheoir cancels the registration of a person under section 55—
- (a) he or she shall notify the person and the body concerned, by notice in writing, of the cancellation and of his or her reasons for the cancellation, and
- (b) the person or the body or both of them may appeal against the cancellation to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.
- (3) On an appeal under this section, the Minister shall receive and consider such submissions as the parties to the appeal may make to him or her, either orally or in writing, as the Minister may determine.
- (4) On an appeal under this section, the Minister shall—
- (a) notify the person and the body concerned of his or her decision,
- (b) give an tArd-Chláraitheoir such directions (if any) as he or she considers appropriate.
- (5)
- (a) If the Minister dismisses an appeal under this section solely on the ground that the body concerned (not being F217[the Executive]) is not or has F218[ceased to be a religious body or a secular body], the body may appeal against the dismissal to the Circuit Court.
- (b) If the Minister dismisses an appeal under this section on any other ground, a party to the appeal may appeal against the dismissal on a point of law to the Circuit Court.
- (c) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised—
- F218[(i) in case the appeal is by the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office,
- (ii) in case the appeal is by a person (other than the Executive, a religious body or a secular body), by a judge of the Circuit Court assigned to the circuit in which the person ordinarily resides or carries on any profession, business or occupation,
- (iii) in case the appeal is by a person (other than the Executive, a religious body or a secular body) and the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office.]
57. Temporary authorisation to solemnise marriage.
57.—(1) An tArd-Chláraitheoir may, on application in writing to him or her by F219[a religious body or a secular body, grant to a member of the religious body or the secular body] named in the application who is aged 18 years or more a temporary authorisation to solemnise—
- (a) one or more marriages specified in the authorisation, or
- (b) marriages during a specified period so specified.
- (2) An application under subsection (1) shall be in such form and contain such particulars as an tArd-Chláraitheoir may determine.
- F220[(2A) An application under subsection (1) made by a secular body shall be accompanied by a certificate—
- (a) in such form and containing such particulars as may be determined by an tArd-Chláraitheoir, and
- (b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.
- (2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chláraitheoir with such additional information as he or she may request within such period as may be specified in the request.]
- (3) An authorisation under this section may be made subject to such conditions as are specified therein.
58. Objections.
58.—(1) A person may at any time before the solemnisation of a marriage lodge an objection in writing with any registrar and the objection shall state the reasons for the objection.
- F221[(2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section—
- (a) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,
- (b) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection,]
- (c) the registrar who receives the direction shall comply with it, and
- (d) references in F222[subsections (3) to (4C) and (6) to (8)] to the registrar who receives an objection shall be construed as references to the registrar who receives the direction aforesaid, and this section shall apply and have effect accordingly.
- (3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, the registrar shall—
- (a) notify the parties to the intended marriage of the objection,
- (b) make such enquiries as he or she thinks fit,
- (c) if the marriage registration form has been given to one of those parties, request its return to the registrar and correct it and the notification and make any necessary corrections to any other records relating to the marriage, and
- (d) give the corrected marriage registration form to one of the parties to the marriage.
- (4) If the registrar who receives an objection under subsection (1) believes that more than a minor error or misdescription exists in the relevant notification under section 46 and that the possibility of the existence of an impediment to the intended marriage concerned needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—
- (a) notify the parties to the intended marriage that—
- (i) an objection has been lodged and of the grounds on which it is based,
- (ii) the objection is being investigated,
- (iii) the solemnisation of the marriage will not proceed until the investigation is completed,
- (b) if the relevant marriage registration form has not been issued, suspend its issue,
- (c) if the marriage registration form has been issued, request the party to the marriage to whom it was given to return it to the registrar,
- F223[(cc) in relation to the forming of an opinion under subsection (4A), notify and furnish copies of all information and documents relating to the relevant notification of the intended marriage under this Part to, the Minister for Justice and Equality,]
- (d) notify the solemniser of the marriage that an objection is being investigated, and
- (e) direct him or her not to solemnise the marriage until the investigation is completed, and the solemniser shall comply with the direction.
- F224[(4A) A registrar who—
- (a) in the performance of his or her functions under this Part forms the opinion that an intended marriage would constitute a marriage of convenience, or
- (b) receives under subsection (1) an objection the stated reason for which is that the intended marriage would constitute a marriage of convenience, and forms the opinion that grounds for the objection possibly exist and need to be investigated,
shall refer the matter to the Superintendent Registrar of the registration area where the registrar who formed the opinion is assigned, for a decision and in that case and for that purpose, this section shall apply and have effect according to—
- (i) the modification that a reference to receipt of an objection under subsection (1) includes a reference to an opinion under paragraph (a),
- (ii) the modification that references in this section to an tArd-Chláraitheoir shall be construed as references to the Superintendent Registrar concerned, and
- (iii) any other necessary modifications.
- (4B) The registrar shall furnish his or her written report of the reasons for the forming of his or her opinion under subsection (4A) when referring the matter to the Superintendent Registrar under subsection (4A).
- (4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:
- (a) if the parties to the intended marriage speak a common language;
- (b) the period prior to the relevant notification of the intended marriage under this Part during which the parties to the intended marriage are known to each other;
- (c) the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage under this Part;
- (d) if the parties to the intended marriage have lived together in the past or if they currently live together;
- (e) the extent to which each party to the intended marriage is familiar with the personal details of the other party;
- (f) the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;
- (g) the immigration status of one or each of the parties to the intended marriage who is a foreign national;
- (h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;
- (i) if the one or each of the parties to the intended marriage has previously been the subject of an objection under subsection (1), an opinion formed under subsection (4A) or an objection under section 59F(1) or an opinion formed under section 59F(4A);
- (j) any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience.]
- (5) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.
- F225[(5A) In deciding if an impediment exists to an intended marriage the subject of a referral under subsection (4A), the Superintendent Registrar shall consider—
- (a) the report furnished to him or her under subsection (4B), and
- (b) the matters referred to in paragraphs (a) to (j) of subsection (4C).]
- (6) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended marriage concerned exists, he or she shall advise the registrar concerned to that effect and the registrar shall—
- (a) notify the parties to the marriage that no impediment to the marriage exists,
- (b) issue or re-issue the marriage registration form to one of those parties,
- (c) notify the person who lodged the objection that no impediment to the marriage exists.
- (7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended marriage, he or she shall advise the registrar concerned to that effect and of the reasons for the decision and the registrar shall—
- (a) notify the parties to the marriage—
- (i) that the solemnisation of the marriage will not proceed, and
- (ii) of the decision of an tArd-Chláraitheoir and of the reasons therefor,
and
- (b) take all reasonable steps to ensure that the solemnisation does not proceed.
- F226[(7A) Where a Superintendent Registrar decides under subsection (7), in a case referred to him or her under subsection (4A) that a marriage would constitute a marriage of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality.]
- (8) If, notwithstanding the steps taken by the registrar concerned pursuant to subsection (7)(b), the marriage concerned is solemnised, the marriage shall not be registered.
- (9)
- (a) F227[Subject to subsection (12), a party] to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).
- (b) The jurisdiction conferred on the Circuit Family Court by paragraph (a) may be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned had been intended to be solemnised is situated.
- (10) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate, or complete his or her investigation of, the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.
- F228[(11) An objection on the ground that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to consent to the marriage shall be accompanied by—
- (a) a copy of a declaration by the Circuit Court under section 37(1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make a decision to consent to being married,
- (b) a copy of a declaration by the Circuit Court under section 37(1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being married is a decision which falls within that class of decisions, or
- (c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed marriage to make a decision to consent to being married.
- (12) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (9) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (11).]
58A. F230[Marriage ceremonies performed at certain embassies or diplomatic missions
58A.—(1) This section applies to a marriage which was solemnised, before the commencement of this section, in an embassy or diplomatic mission in the State.
- (2) A marriage to which this section applies, subject to subsection (3), shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been solemnised in the State in compliance with this Act.
- (3) This section shall not operate to validate a marriage to which this section applies where—
- (a) an impediment to the marriage existed on the date that the marriage was solemnised,
- (b) the parties to the marriage have obtained a decree of divorce or a decree of nullity in respect of the marriage, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,
- (c) a party to the marriage has entered into a later marriage or civil partnership with another person, or
- (d) the parties to the marriage have entered into a later marriage with each other.
- (4) A registrar who receives an application in that behalf from both parties, or the surviving party to the marriage to which this section applies in writing in a form for the time being standing approved by an tArd-Chláraitheoir, on being satisfied that this section operates to validate the marriage concerned and on production to him or her of the following information and particulars may enter the particulars of the marriage concerned in the register and register the marriage in such manner as an tArd-Chláraitheor may direct:
- (a) evidence of identity;
- (b) if appropriate, evidence of death of one of the parties to the marriage;
- (c) evidence that the marriage was solemnised in an embassy or diplomatic mission in the State prior to the commencement of this section together with, where required by the registrar, a document duly authenticated which purports to be a translation thereof;
- (d) the signatures of both parties or the surviving party to the marriage.
- (5) Nothing in the application of this section to a marriage which was solemnised, before the commencement of the section, in an embassy or diplomatic mission in the State—
- (a) gives or affects any entitlement to an interest—
- (i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or
- (ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),
or
- (b) gives or affects any entitlement to a benefit, allowance, pension or other payment—
- (i) payable before, or in respect of a period before the commencement of this section, or
- (ii) payable in respect of the death of a person before that commencement,
or
- (c) affects tax in respect of a period or event before the commencement of this section.
- (6) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
- (7) This section shall not apply to a marriage which is solemnised on or after the date of commencement of this section, in an embassy or diplomatic mission in the State.]
PART 7 Registration of Decrees of Divorce and Decrees of Nullity
59. Registration of decrees of divorce and decrees of nullity.
59.—(1) When a court grants a decree of divorce, an officer of the Courts Service authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of divorce the particulars in relation to the matter specified in Part 6 of the First Schedule.
- (2) When a court grants a decree of nullity F231[of marriage], an officer of the Courts Service, authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity F231[of marriage] the particulars in relation to the matter specified in Part 7 of the First Schedule.
- (3) An officer of the Courts Service, authorised in that behalf by the Courts Service, may amend or cancel or cause to be amended or cancelled an entry in a register referred to in subsection (1) or (2).
- (4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).
- (5) This section shall have effect notwithstanding any statutory provision that conflicts with it.
F232[PART 7A Registration of Civil Partnerships ]
59A. F233[Definitions (Part 7A).
59A.—In this Part—
"civil partnership registration form" means a form prescribed under section 59C;
F234["place that is open to the public" has the meaning given by section 59D(1A);]
"register" means the register of civil partnerships.]
59B. F235[Notification of civil partnerships.
59B.—F236[…]]
59C. F237[Civil partnership registration form.
59C.— (1) F238[…]
- (2) F238[…]
- (3) F238[…]
- (4) F238[…]
- (5) The Minister may prescribe the civil partnership registration form.]
59D. F239[Civil partnership registration.
59D.— (1) F240[…]
- F241[(1A) F240[…]]
- (2) F240[…]
- (3) F240[…]
- (4) F240[…]
- (5) F240[…]
- (6)
- (a) F240[…]
- (b) F240[…]
- (c) As soon as practicable after the signatures and counter-signature, the registrar shall F242[…] enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chláraitheoir may direct.
- (7) Where an tArd-Chláraitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar—
- (a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and
- (b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chláraitheoir may direct.
- (8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.
- (9) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)—
- (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry,
- (b) the registrar shall cancel the entry, and
- (c) an tArd-Chláraitheoir shall notify the parties.]
59E. F243[Places and times for registration of civil partnerships.
59E.—F244[…]]
59F. F245[Objections.
59F.—F246[…]]
59G. F247[Where interpretation required.
59G.—F248[…]]
59H. F249[Effect of registration.
59H.—F250[…]]
59I. F251[Effect of this Part.
59I.—F252[…]]
59IA. F253[Civil Partnership ceremonies performed at certain embassies or diplomatic missions
59IA.—(1) This section applies to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State.
- (2) A civil partnership to which this section applies, subject to subsection (3), shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been a civil partnership registered in the State in compliance with this Act.
- (3) This section shall not operate to validate a civil partnership to which this section applies where—
- (a) an impediment to the civil partnership existed on the date that the ceremony of civil partnership took place,
- (b) the parties to the ceremony of civil partnership have obtained a decree of dissolution of civil partnership under section 110 of the Act of 2010, or a decree of nullity of civil partnership, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,
- (c) a party to the civil partnership has entered into a later marriage or civil partnership with another person, or
- (d) the parties to the civil partnership have entered into a later civil partnership with each other.
- (4) Nothing in the application of this section to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State—
- (a) gives or affects any entitlement to an interest—
- (i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or
- (ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),
or
- (b) gives or affects any entitlement to a benefit, allowance, pension or other payment—
- (i) payable before, or in respect of a period before, commencement of this section, or
- (ii) payable in respect of the death of a person before that commencement,
or
- (c) affects tax in respect of a period or event before the commencement of this section.
- (5) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
- (6) This section shall not apply to a civil partnership where the ceremony of civil partnership takes place on or after the commencement of this section, in an embassy or diplomatic mission in the State.]
F254[PART 7B Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership]
59J. F255[Registration of decrees of dissolution and decrees of nullity of civil partnership.
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