HomeFamily lawMarriage

Can a Couple Have a Second Marriage Ceremony?

Only in the four situations section 71 allows. Where there is a genuine doubt about the first marriage, a second Part V ceremony may be held on a statutory declaration supported by a lawyer’s certificate. A purely religious ceremony is allowed on producing the existing certificate.

The family law series, no. 8 · Marriage: the two valid forms · 5 min read

Section 71 of the Marriage Act (Chapter 280) starts with a prohibition and then creates carefully controlled exceptions.

Section 71(1) — the general rule

Except in accordance with this section

(a) persons who are already legally married to each other shall not go through a form or ceremony of marriage with each other; and

(b) a person authorised to solemnize marriages shall not purport to solemnize a marriage between persons —

(i) who inform him that they are already legally married to each other; or

(ii) whom he knows, or has reason to believe, to be already legally married to each other.

Why prohibit it at all

A second ceremony between the same parties creates a second set of records for one marriage. That produces confusion about the date of the marriage — which matters for the three-year rule, for property, and for succession — and can be used to manufacture a false impression that an earlier marriage did not exist.

Note that paragraph (b) binds the celebrant as well, on either actual knowledge or reason to believe.

The four exceptions

The four exceptions to the prohibition in section 71(1)
ProvisionSituationProduces a certificate?
s 71(2)–(4)Doubt about the validity, recognition or provability of the first marriageYes — with a prescribed endorsement
s 71(5)–(7)A purely religious ceremony where the parties are already legally marriedNo — expressly prohibited
s 71(8)Parties to a customary marriage going through a Part V ceremony with each otherYes — an ordinary Part V marriage
s 4Religious rites in connexion with a customary marriageNo — not a Part V marriage at all

Sections 71(2) to (4) — where there is a doubt

Section 71(2) — the three kinds of doubt

Where two persons have gone through a form or ceremony of marriage with each other and there is a doubt —

(i) whether they are legally married to each other; or

(ii) where the ceremony took place outside the country, whether the marriage would be recognized as valid by a court in the country; or

(iii) whether the marriage could be proved in legal proceedings,

they may go through a ceremony with each other in accordance with Division V.2 as if they had not previously done so.

Sub-paragraph (iii) is the one that matters most in Papua New Guinea

A doubt about whether the marriage could be proved is enough. It is not necessary to doubt that the marriage happened.

That covers the common position of a couple married by custom many years ago, where the witnesses have died and no document exists — and a couple married overseas whose records are unobtainable. See proving a marriage.

Section 71(3) — what must be furnished to the celebrant

(a) a statutory declaration by both parties — stating that they previously went through a form or ceremony of marriage with each other, and specifying the date, the place and the circumstances; and

(b) a certificate by a lawyer, endorsed on the statutory declaration, that on the facts stated there is, in his opinion, a doubt as to one of the matters in subsection (2)(b).

The lawyer’s certificate is the safeguard

It prevents section 71(2) being used to manufacture a fresh marriage date at will. A lawyer must be satisfied, on the facts stated in the declaration, that a genuine doubt exists — and must endorse that opinion on the declaration itself.

Section 71(4) then requires the celebrant to make a prescribed endorsement on each certificate issued, so the record shows what has occurred.

Making a false statement in the statutory declaration would engage section 59 of the Marriage Act and the general law on false declarations.

Sections 71(5) to (7) — a religious ceremony only

Section 71(5) — what must be produced

(a) a certificate of their existing marriage; and

(b) a written statement signed by them and witnessed by the celebrant that they previously went through a ceremony with each other, that they are the parties named in the certificate, and that they have no reason to believe that they are not legally married — or, if the marriage took place outside Papua New Guinea, no reason to believe it would not be recognised as valid here.

No certificate may be issued

Section 71(6): sections 37, 39 and 45 do not apply, and the person performing the ceremony shall not

  • prepare or issue a certificate of marriage under or referring to the Act; or
  • issue any other document unless the parties are described in it as already legally married to each other.

Section 71(7) protects the celebrant: a person who is not an authorised celebrant does not commit an offence under section 64 merely by performing such a ceremony where the section 71(5) requirements were met.

So a blessing, a renewal of vows or a church wedding after a registry marriage is permitted — and changes nothing legally.

Section 72 separately provides that nothing in this Act or any other law binds a minister of religion to solemnize the marriage of a person whose former marriage has been dissolved otherwise than by death.

Sources

Check the section yourself

Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.