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How Is a Statutory Marriage Solemnised?

By or in the presence of an authorised celebrant who is authorised to solemnise marriages at that place, after notice and declarations under section 37, before two witnesses over 16, using a form section 40 permits, with the explanation section 41 requires, and with certificates under section 45.

The family law series, no. 30 · Solemnisation of statutory marriages · 5 min read

Part V of the Marriage Act (Chapter 280) governs statutory marriage, as distinct from customary marriage under Part II.

The three Divisions of Part V

The Divisions of Part V
DivisionSectionsSubject
V.125–34Authorisation of celebrants — ministers of religion and others
V.235–45Marriages by authorised celebrants — the ordinary case
V.346–50Marriages by foreign diplomatic or consular officers
Section 35

Division 2 applies to all marriages solemnized, or intended to be solemnized, in the country, other than marriages to which Division 3 applies.

The steps to a valid statutory marriage

Section 36 — the central requirement

A marriage shall be solemnized by or in the presence of an authorized celebrant who is authorized to solemnize marriages at the place where the marriage takes place.

  1. An authorised celebrant — a minister of religion registered under section 28, the Registrar-General, or a person authorised by the Minister under section 34(2). Section 1(1) defines the term.
  2. Authorised at that place — a section 34(2) authorisation may be limited to a part of the country, whereas a registered minister may under section 29 solemnize marriages at any place in the country.
  3. Notice and declarations — section 37.
  4. Consents where a party is a minor — sections 8 to 16.
  5. Time and place — section 38.
  6. Two witnesses over 16 — section 39.
  7. The form of ceremony — section 40.
  8. The explanation of the marriage relationship — section 41.
  9. Certificates — section 45; and retention of consents — section 44.
Section 1(2) — the deeming rule

Where a marriage is solemnized in the presence of a person in whose presence a marriage may lawfully be solemnized, and he consents to it being solemnized in his presence, he shall be deemed to solemnize the marriage.

That matters where a ceremony is conducted by someone other than the celebrant — for example a visiting pastor — in the presence and with the consent of the authorised celebrant. The legal responsibility, and the statutory duties, rest on the authorised celebrant.

Capacity must also be satisfied

Compliance with Part V is not enough by itself. The parties must also satisfy Parts III and IV:

A failure on any of these makes the marriage void under section 17, whatever the celebrant did.

What happens if a step is missed

Section 43 is the key

Section 43 governs the invalidity of certain marriages — that is, which failures to comply with Part V affect the validity of the marriage and which do not.

Most procedural defects do not invalidate. The sanction falls on the celebrant instead:

  • Section 62 — solemnizing a marriage in contravention of section 37 or 39;
  • Section 63 — solemnizing where there is a legal impediment;
  • Section 64 — unauthorised solemnizing of a marriage;
  • Sections 67 to 69 — defective notices, failure to forward a certificate, and failure by an interpreter to furnish a certificate.

That allocation is deliberate: a couple should not lose their marriage because a celebrant made an error.

If the parties are already married to each other

Section 71(1) prohibits a Part V ceremony between people already legally married to each other, except in accordance with that section. The exceptions are the doubt procedure in section 71(2), the religious ceremony permitted by section 71(5), and section 71(8), which allows parties to a customary marriage to go through a Part V ceremony if neither has another subsisting customary marriage.

Section 75 preserves the right of a minister of religion who is an authorised celebrant to require or receive a fee for solemnizing a marriage; section 76(d) allows regulations prescribing fees for celebrants who are not ministers of religion.

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.