Marriage Act 1899 (NSW)

Act No. 15, 1899.

An Act to consolidate the Acts relat ing to

Marriage. [20th November, 1899.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legisla­

tive Assembly of New South Wales in Parliament assembled and by

the authority of the same as follows :—

P A R T I .

PRELIMINARY.

1. This Act may be cited as the "Marr iage Act 1899" and is

divided into Parts as follows :—

PART I . — P R E L I M I N A R Y — s s . 1, 2. PART

P A R T I I . — C E L E B R A T I O N or M A R R I A G E S —

Generally—88. 3-8.

In the case of Minors—ss. 9—11.

PART I I I . — M A R R I A G E S NOT TO BE AVOIDED OR AEEECTED TOR

CERTAIN REASONS—ss. 1 2 - 1 5 .

PART I V . — V A L I D A T I O N OE CERTAIN MARRIAGES—ss . 1 6 - 1 8 .

P A R T V . — M A R R I A G E S NOT LEGALISED— s . 1 9 .

PART V I . — Q U A K E R s AND J E W S — S . 2 0 .

P A R T V I I . — P E N A L T I E S — s s . 2 1 - 2 7 .

2. (1) The Acts mentioned in the First Schedule to this Act are to the extent therein expressed hereby repealed.

( 2 ) All persons appointed under the Acts hereby repealed

and holding office at the time of the passing of this Act shall be

deemed to have been appointed hereunder.

( 3 ) All forms prescribed under any of the Acts hereby

repealed and valid at the time of the passing of this Act shall be

deemed to be valid hereunder.

PART I I .

CELEBRATION OF MARRIAGES.

Generally.

3. (1) No marriage shall he celebrated except by some minister

of religion ordinarily officiating as such whose name designation and usua l residence have been and then continue registered in the office of the Registrar-General for marriages in Sydney or by a district registrar.
(2) Where the parties to be married sign before the registrar for marriages of the district within which the intended wife ordinarily resides a declaration in the form set forth in the Second Schedule hereto the marriage may be celebrated between such parties by such

hereto to be repeated and signed by the parties to such marriage	district registrar in the form of words set forth in the Third Schedule
respectively.

4. Every marriage shall be celebrated in the presence of two

witnesscs at least.
5. (1) No marriage shall he celebrated unless and until each of the parties about to be married has made on oath or solemn affirmation before the minister or registrar celebrating the marriage a declaration in the form of the Fourth Schedule hereto.
(2) Such declaration shall bo indorsed upon the certificate of marriage hereinafter prescribed and shall be signed by each of the parties about to be married and by the minister or registrar.

(3)

(3) Every certificate of marriage shall be in the form of the Fourth Schedule hereto and every such certificate and every copy thereof shall have indorsed thereon the form of declaration set forth in the said Schedule and at the foot of every certificate there shall he printed in red ink a note in the form of the said Schedule referring to such declaration.

( 4 ) After the celebration of the marriage the certificate

of marriage shall be signed by the minister or registrar and by the
parties and by the witnesses.

(5) Immediately after the marriage the minister or registrar shall deliver a copy of such certificate signed by himself to one of the parties to the marriage.

6. Every marriage celebrated by any such minister or registrar as aforesaid after oath or solemn affirmation so made shall be a legal and valid marriage to all intents and purposes and no other marriage except as hereinafter provided shall be valid for any purpose.

7. Within one month after the marriage the minister celebrating the marriage shall transmit the original certificate to the registrar of the district within which the marriage was celebrated.

8. The Registrar-General shall at the public expense furnish forms of marriage certificates with the declaration indorsed thereon as prescribed by this Act to every district registrar of marriages and to every duly registered officiating minister.

In the case of Minors.

9. If either party to any intended marriage not being a widower or widow is under the age of twenty-one years such marriage shall not take place without production to the minister or registrar about to celebrate the same—

(a) of the written consent of the father of such party if within New South Wales or if not within New South Wales then of a guardian appointed by the father or

(b) if there be no such guardian in New South Wales then the	written consent of the mother of such party if within New
South Wales or
(c)	where there is no such parent or guardian in New South Wales or he or she is incapable of duly consenting by reason of distance habitual intoxication or mental incapacity then the written consent of some justice of the peace appointed for that purpose. Such justice shall make inquiry on oath as to the facts and circumstances of the case before giving his consent.

10. (1) For the purposes mentioned in the foregoing section the Judges of the Supreme Court shall appoint from time to time one or more justice or justices of the peace in every registrar's district who shall by virtue of such appointment give consent in such cases as

aforesaid. (2)

(2) Every such appointment shall be notified by the said

Judges in the Gazette.

11. When a marriage is celebrated upon the production of

any such written consent as aforesaid a statement of the fact of such consent shall be indorsed on the certificate of such marriage and on the copy thereof signed respectively by the minister or registrar celebrating the same.

PART I I I .

MARRIAGES NOT TO RE AVOIDED OR AFFECTED FOR CERTAIN REASONS.

12. No marriage in fact shall be avoided by reason only of the same having been celebrated by a person not being a minister or ordinarily officiating minister of religion if either of the parties to the marriage at the time bona fide believed that he was such ordinarily officiating minister.

13. No marriage shall be deemed to have been unduly celebrated by reason only of any mere defect or error in the declaration made respecting the same where the identity of the parties to the marriage is not in question.

14. No marriage shall be affected by reason of the omission by the minister celebrating the same to cause his name designation or usual residence to be registered according to this Act.

15. No marriage celebrated in New South Wales shall be deemed to be or be declared invalid by reason only of the fact that both or either of the parties to such marriage have not made a declaration as required by this Act.

PART I V .

VALIDATION OF CERTAIN MARRIAGES.

16. Every marriage celebrated in New South Wales before the first day of March one thousand eight hundred and fifty-six by any

minister of religion or person ordinarily officiating as such shall be
and be deemed to have been from the time of the celebration thereof a perfectly legal and valid marriage to all intents and purposes not­ withstanding any non-compliance with forms or other irregularity attending the celebration.

17. No marriage celebrated in New South Wales on or after the first day of March one thousand eight hundred and fifty-six shall be deemed or declared invalid by reason only of the fact that both or either of the parties to such marriage may not have made the declara­ tion required by section four of the Act nineteenth Victoria number th i r ty :

E Provided

Provided that no marriage declared invalid by any competent Court before the passing of this Act shall be validated by anything herein contained.

18. Every marriage otherwise lawful heretofore or hereafter celebrated in New South Wales between any person and the sister of his deceased wife shall be deemed and is hereby declared to have been and to be valid and of full force and effect any law or custom to the contrary notwithstanding.

PART V.

MARRIAGES NOT LEGALISED.

19. Nothing in sections six or sixteen contained shall legalise

any marriage

(a) heretofore declared invalid by any competent Court

(b)	where either party thereto bad another wife or husband then living
(c)	which would have been or would be void but for the provisions of the said sections by reason of relationship kindred or alliance or of fraud or incapacity to contract marriage

((/) where (the same being at the time of its celebration invalid) either of the parties thereto afterwards and before the thirtieth day of November one thousand eight hundred and fifty-five intermarried with some other person.

PART VI.

QUAKERS AND J E W S .

20. ( 1 ) Except as hereinafter provided nothing in this Act

shall extend to any marriage between parties of whom both are Quakers

or Jews. (2) Every marriage celebrated between parties being both	Quakers or both Jews shall be as legal and valid as if duly solemnised
under the provisions of this Act if such marriage was when celebrated a valid marriage according to the usages of the Quakers or Jews as the case may be.
(3) A certificate of every such marriage shall within ten days next following be transmitted to the registrar of the district within which it was celebrated by the person celebrating the marriage or by one of the parties thereto stating the date and place of such marriage and the name designation and usual residence of each of those parties.

PART

P A R T V I I .

PENALTIES.

21. ( 1 ) Every minister or person officiating: as such who cele­

brates any marriage knowing that his name designation or usual residence has not been or is not then duly registered shall be guilty of a misdemeanour and being convicted thereof shall be liable to a fine not exceeding live hundred pounds either alone or with imprisonment not exceeding live years or
(2) If the omission was accidental or by inadvertence shall be liable to a line not exceeding twenty pounds to be recovered by proceeding in a summary way before two justices of the peace.
22. ( 1 ) Every minister or person having celebrated any mar­ riage who fails to comply with the provisions of this Act or any of them respecting the certificate to be transmitted to the district registrar shall be liable to a fine of not less than ten and not exceeding fifty pounds to be recovered by proceeding in a summary way before two justices of the peace.

(2) In cases within the twentieth section of this Act where

no person has celebrated the marriage other than the parties thereto themselves the like penalty shall attach to the husband in case the certificate thereby required is not duly transmitted.
23. Every minister district registrar or other person who cele­ brates or professes or attempts to celebrate any marriage in any case contrary to any of the provisions of this Act or where any provisions or requirements of this Act have not been complied with shall be guilty of a misdemeanour and being convicted thereof shall be liable to a fine not exceeding five hundred pounds either alone or with im­ prisonment not exceeding five years.
24. Every person who goes through the ceremony of marriage without having first made and signed the declaration required by this Act shall be guilty of a misdemeanour.

person under the age of twenty-one years not being a widower or widow	brates or professes or attempts to celebrate marriage in the case of any 25. Every minister district registrar or other person who cele­
without a written consent as required by section nine hereof knowing him or her to be under that age or knowing that the consent produced is not by the appropriate person shall be guilty of a misdemeanour and being convicted thereof shall be liable to a fine not exceeding five hundred pounds either alone or with imprisonment not exceeding five years.

26. Every person who—

(a) wilfully marries a person under the age of twenty-one years
and whom he or she knows to be under that age without

having previously obtained a written consent as required by

section nine hereof or (b)

(b)	induces or endeavours to induce any minister registrar or other person to celebrate marriage between parties one of whom he or she knows to be under age without such consent or
(c)	abets or assists the offender in any such act knowing the same to be illegal

shall be guilty of a misdemeanour and be liable to such punishment by fine not exceeding five hundred pounds or imprisonment not exceeding five years or both as the Court may award.

27. ( 1 ) Every person who objects to take an oath under the provisions of this Act may make in lieu thereof a solemn affirmation or be examined as the ease may be upon his solemn affirmation.

(2 ) Any person who wilfully makes any false statement on

oath or by solemn affirmation before any minister or registrar or before any justice of the peace appointed under any of the provisions of this Act or intended or purporting so to be shall be deemed guilty of perjury and be liable to prosecution and punishment accordingly.

SCHEDULES.

F I R S T S C H E D U L E .

Acts repealed. Title or -hurt title. Extent of repeal.

19 Vic. No. 3 0 . . . An Act to amend and consolidate the Laws The whole unrepea led

affecting the Solemnization of Marr iage . port ion.

39 Vic. No. 2 0 . . . An Act to declare valid the marr iage of a The whole unrepea led

man with the sister of his deceased wife. port ion.

55 Vic. No. 34 ... T h e " Marr iages Validat ion and Marr iage Law The whole.

A m e n d m e n t Act of 1 8 9 2 . "

S E C O N D S C H E D U L E .

Form of Declaration to authorise Marriage before District Registrar.

W E Thomas Will iams of [usual place of residence and designation or employment] and Mary Edwards of [usual place of residence and employment] do hereby declare tha t we are desirous of being marr ied bu t tha t we conscientiously object to be marr ied by a minis ter

of religion [or " bu t that the re is no minis ter of religion accessible for the purpose of

solemnising our m a r r i a g e ' ' ] .

Signed by the part ies this day of 18 before me

(Signatures.)

T H I R D

T H I R D S C H E D U L E .

Form of Marriage before Registrar.

I Thomas Williams of [usual place of residence and designation or employment] do hereby declare in the presence of A . B . r eg i s t r a r of marriages for the distr ict of Bathurst t h a t I t ake Mary Edwards of [usual place of residence and designation or employment] to be my lawful wife A n d I t he said Mary Edwards do declare tha t I t ake the said Thomas

Williams to be my lawful husband .

(Signatures.)

F O U R T H S C H E D U L E .

Declaration before District Registrar or Minister to be indorsed on marriage certificate

form.

I Thomas Williams of [place of residence condition and designation or employment]

being duly sworn do on my oath declare [or if objecting to take an oath do solemnly and sincerely declare and affirm] t h a t I have a t t a ined the age of twenty-one years [or if not of the age of twenty-one years and not a widower] tha t I have duly obtained the wri t ten consent required by the Mar r i age Ac t N o . 1899 and I believe the re is no impediment or lawful objection by reason of any kindred re la t ionship or alliance or any former mar r iage or the want of consent of pa ren t s or guardians or any other lawful cause to my being marr ied to [Mary Edwards] of [place of residence condition and designation or employment] daugh te r of [James Edwards] of [place of residence and designation] and I hereby fu r the r declare t h a t I have full knowledge tha t if I swear or affirm falsely I shall be guil ty of perjury and be liable to be punished accordingly.

(Signature of Thomas Williams.)

A n d I t he said M a r y Edwards [condition] being duly sworn do on my oath declare [or if objecting to take an oath do solemnly and sincerely declare and affirm] t h a t I have a t ta ined t he age of twen ty -one years [or if not of the age of twenty-one years and not a widow] t h a t I have duly obtained the wr i t ten consent requi red by the Mar r i age Act

No. 1899 and I believe the re is no imped iment or lawful objection by reason of
any kindred re la t ionship or alliance or any former marr iage or the want of consent of pa ren t s or guardians or any o ther lawful cause to my being marr ied to the said Thomas Williams A n d I hereby fu r the r declare t h a t I have full knowledge tha t if [ swear or affirm falsely I shall be gui l ty of per jury and be liable to be punished accord­ ingly.

(Signature of Mary Edwards.)

Declared and sworn (or " and affirmed ") by both t he par t ies named th is day of

18               Before mo

(Signature	and designation	of minister or	registrar.)
Certificate	of	marriage.

I [name of minister or registrar] being [designation] do hereby certify tha t I have this

day a t [place] duly ce lebra ted marr iage be tween [name designation and resilience of husband] and [name designation and residence of wife] after declaration duly made before me as by law required.

Da ted this day of 18

(Sic/nature of minister or registrar.)

A.B.

Signatures of parties C.D. Signatures of G.H.

to marriage. E . F . witnesses. J. K.

N O T E (to be printed in red ink)—" The declaration on the hack hereof must be duly made and

signed otherwise the parties and the officiating minister or registrar are liable to the punishment by

law provided in that behalf."

Act