With acts you are guaranteed the latest and most up to date resource for your legislative needs. The marriage acts, 1864 to 1956 marriage act of 1864 28 vic. Marriage act 1961 table of provisions long title part ipreliminary 1. Marriage act 1961 other bibliographies cite this for me. The marriage act only provides for monogamous oppositesex marriages. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. Act not to exclude operation of certain state and territory laws 7. Marriage act 1961 section 45 coalition of celebrant. Marriage act an act to make provisions for the celebration of marriages.
Marriage act 1961 sect 88d validity of marriages 1 subject to this section, a marriage to which this part applies shall be recognised in australia as valid. Marriage act 1961 section 46 coalition of celebrant. Explanatory material on the marriage act 1961 for marriage celebrants this document provides essential information on the solemnization of marriages under the marriage act 1961 and has been extensively updated. Marriage act 1961 sect 12 authorisation of marriage of person under age of 18 years in exceptional circumstances 1 a person who has attained the age of 16 years but has not attained the age of 18 years may apply to a judge or magistrate in a state or territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not. Marriage act 1961 sect 50 marriage certificates 1 where an authorised celebrant solemnises a marriage, the authorised celebrant. Marriage act 1961 sect 25 interpretation 1 in this subdivision. This bibliography was generated on cite this for me on tuesday, february 23, 2016. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. It contains information about organisations, people, policies, legislation and events related to the history of child welfare. Marriage act 1961 sect 39g obligations of each marriage.
The difference its made has, without exaggeration, saved marriages. Marriage act 1949 is up to date with all changes known to be in force on or before 25 april 2020. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. F2 2 f3 case a is where any persons knowingly and wilfully intermarry according to the rites of the church of england otherwise than by special licence a f4 except in the case of a marriage in pursuance of section 261dd of this act, in any place other than a church or other building in. Rental housing act prevention of illegal eviction from and u. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Wikipedia page marriage act 1961 australia does not explain the context of why the act was introduced. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force. Any person who, at the commencement of this act, or of the marriage amendment act, 1970, is under the provisions of any prior law. So despite anyones personal views on samesex marriage, the law today states it is between a man and a woman.
There are changes that may be brought into force at a future date. Marriage act 1961 sect 5 interpretation 1 in this act, unless the contrary intention appears. The high court will this week begin deliberating on whether or not the acts samesex marriage bill is consistent with the constitution. Pastors, doctors, and psychologists alike have endorsed. Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister. High court strikes down territorys samesex marriage law. Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. Marriage act 1961 sect 94 bigamy 1 a person who is married shall not go through a form or ceremony of marriage with any person. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. Marriage act 1961 sect 42 notice to be given and declaration made 1 subject to this section, a marriage shall not be solemnised unless. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. He charted a top 40 hit single every year between 1970 and 1996, a sign that he knew how to both change with the times, and mold the times to fit him.
Marriage act, 1961 act 25 of 1961 south african government. Marriage as defined under the constitution and the marriage act 1961. Marriage act, 1961 wikisource, the free online library. This notice is the prescribed form for this purpose. Elton john was the biggest pop star of the 70s, grabbing headlines and generating hits throughout the world. Marriage act 1961 sect 39g obligations of each marriage celebrant 1 a marriage celebrant must. Marriage act, 1961unamended wikisource, the free online. This document provides essential information on the solemnisation of marriages under the marriage act 1961. The marriage act 25 of 1961, the divorce act 70 of 1979. In the original 1961 act, marriageable age was set at 16 for females and 18 for males.
Short title this act may be cited as the marriage act. Marriage to take place within three months after notice if the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and. Religious matrimonial laws in selected middle east and. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1. As it turned out, this was merely the first act in a remarkable career that kept him at the top of the charts for decades. A worthwhile note here is that the law does not exclude people of other nationalities, as long as you meet the marriage act 1961 requirements you can be married in australia.
However, under section 12 of the original 1961 act a female 14 or 15 years or a male 16 or 17 years. Instead, the page deviates from the act 1961 thru the sexual discrimination amendment act 1991 the to the amendment act 2004 in order to repeat the point that same sex marriage is. Marriage act 1961 section 45 45 form of ceremony 1. Marriage act 1961 sect 12 authorisation of marriage of. Explanatory material on the marriage act 1961 for marriage. These are the sources and citations used to research marriage act 1961. Marriage act 1961 section 46 46 certain authorised celebrants to explain nature of marriage relationship 1 subject to subsection 2, before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the. This legislation did not just amend the marriage act 1961 to ensure marriage was available to all couples, it also added new rights for individuals and organisations to discriminate against lgbti couples on the basis of religious prejudice.
In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. The marriage act 1961 an d marriage regulations 1963 are available to t he public for. Marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage.
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