Division 3 of Part V of the Marriage Act (Chapter 280) allows foreign missions to conduct marriages here for their own nationals.
Sections 46 and 47 — when the Division applies
“Diplomatic or consular officer”, in relation to an overseas country, means a person recognized by Papua New Guinea as a diplomatic or consular representative of that country in Papua New Guinea.
“Proclaimed overseas country” means an overseas country in respect of which a notice under section 48 is in force.
This Division applies to marriages in accordance with the law or custom of a proclaimed overseas country, between parties at least one of whom possesses the nationality of that country.
Section 1(1) defines “overseas country” as a country or place other than Papua New Guinea or a part of the Queen’s dominions.
Section 48 — declaring a proclaimed overseas country
Where the Minister is satisfied that the law or custom of an overseas country authorizes the solemnization by or in the presence of its diplomatic officers, or its consular officers, or both, of marriages outside that country, the Minister may, by notice in the National Gazette, declare that country to be a proclaimed overseas country for the purposes of this Division.
Papua New Guinea permits a foreign mission to marry its nationals here because that country’s own law authorises its officers to marry its nationals abroad. The declaration must be gazetted, so the list of proclaimed countries is a matter of public record.
Note the parallel: Papua New Guinea has its own consular officers and diplomatic officers, defined in section 1(1), and marriages abroad involving PNG-domiciled parties are addressed by section 6(2).
Section 49 — the four conditions
(a) neither of the parties is a citizen of Papua New Guinea; and
(b) each of the parties is of marriageable age; and
(c) neither of the parties is already married to a person other than the other party; and
(d) the parties are not within the prohibited degrees of consanguinity set out in Schedule 2.
| Requirement | Applies? |
|---|---|
| Neither party a PNG citizen | Yes — s 49(a) |
| Marriageable age — s 7 | Yes — s 49(b), and s 6(2)(a) applies s 7 to this Division |
| No subsisting marriage to another | Yes — s 49(c) |
| Prohibited degrees of consanguinity | Yes — s 49(d) |
| Prohibited degrees of affinity | Not mentioned in s 49(d), which refers to consanguinity only |
| Notice under s 37, witnesses under s 39, form under s 40, certificates under s 45 | No — s 35 excludes Division 3 from Division 2 |
| Prohibited degrees under s 24(1) | No — s 24(1) excludes marriages to which Division V.3 applies |
Neither party may be a citizen of Papua New Guinea. A consular marriage is not available where one party is a PNG citizen — even if the other holds the nationality of the proclaimed country.
A couple in that position must marry under Division V.2 before an authorised celebrant, or by custom if section 3 applies.
Note also that section 6(2)(a) applies section 7, and sections 13 and 14 so far as they relate to it, to Division V.3 marriages — so the marriageable age rules and the inquiry procedure operate, but the rest of Part III does not.
Section 50 — recognition in Papua New Guinea
Such a marriage shall be recognized as valid in Papua New Guinea if —
(a) the marriage is recognized as a valid marriage by the law or custom of the overseas country; and
(b) the marriage has been registered in accordance with any law of Papua New Guinea relating to the registration of marriages.
Compliance with section 49 permits the marriage to be solemnized. Recognition requires the two further conditions in section 50.
Paragraph (b) is easily overlooked. A marriage validly celebrated at a foreign mission is not recognised as valid here unless it has been registered under the domestic registration law.
Couples marrying at a consulate should confirm with the mission that registration has been effected, and obtain evidence of it. Without registration, the marriage may be valid in the other country and unrecognised here — a difficulty for property, immigration, succession and any later matrimonial proceedings.
Where doubt arises, section 71(2)(b)(ii) allows a further ceremony where there is a doubt whether a marriage would be recognized as valid by a court in the country.
For marriages celebrated wholly outside Papua New Guinea, see recognition of foreign marriages, and note the Australian exceptions in section 17(2).
Sources
- Marriage Act (Chapter 280) — ss 1, 6, 7, 17, 24, 35, 46–50, 71, Schedule 2
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.