Section 37 of the Marriage Act (Chapter 280) is the longest provision in Part V, and the one couples encounter first.
Section 37(1) — three things before a marriage may be solemnized
(a) written notice of the intended marriage has been given and received by the authorized celebrant —
(i) not earlier than three months before the date of the marriage and not later than the seventh day before it; or
(ii) where the celebrant certifies in writing that seven days’ notice was not reasonably practicable in the circumstances, not later than the second day before the marriage; and
(b) there has been produced, in respect of each party — (i) an official certificate or extract from an official register showing date and place of birth; or (ii) a declaration by the party or one of their parents stating why it is impracticable to obtain one, and stating as accurately as ascertainable where and when the party was born; and
(c) each party has made and subscribed before the authorized celebrant a declaration in the prescribed form as to (i) conjugal status; (ii) belief that there is no legal impediment to the marriage; and (iii) such other prescribed matters.
| Situation | Notice must be received |
|---|---|
| Ordinary case | Between 3 months and 7 days before the marriage |
| Celebrant certifies in writing that 7 days was not reasonably practicable | Not later than the 2nd day before the marriage |
| Prescribed authority authorises under s 37(5) | Later than the 7th day — no minimum stated |
Sections 37(2) to (4) — the form of the notice
A notice (a) shall be in the prescribed form; (b) shall contain the particulars specified in that form; and (c) shall have been signed by each party in the presence of an authorized celebrant, Commissioner for Declarations or justice.
Section 37(3) — one party unavailable. Where a party’s signature cannot conveniently be obtained when the notice is to be given, a notice signed by the other party and otherwise complying, and signed by the first party in the presence of an authorized celebrant before the marriage is solemnized, is deemed to have been a sufficient notice.
Section 37(4) — missing particulars. Where a party is unable, after reasonable inquiry, to ascertain particulars required in the notice, the omission does not make it ineffective if, before the marriage is solemnized, the party furnishes the celebrant a statutory declaration as to the inability and the reason for it.
Both provisions matter in a country where one party may be working away and where birth records may be incomplete.
Section 37(5) — a prescribed authority may shorten notice
If a prescribed authority is satisfied that the circumstances of a particular case justify it, he may —
(a) authorize an authorized celebrant to solemnize the marriage; or
(b) where he is also an authorized celebrant and there is no other authorized celebrant suitable to the parties conveniently available, solemnize the marriage himself,
notwithstanding that the notice was received later than the seventh day before the marriage.
A prescribed authority is defined in section 1(1) as a person appointed by the Head of State, acting on advice. Section 37(5) is the route where an urgent marriage is needed — illness, imminent departure, or the birth of a child.
Sections 37(8) to (10) — when the celebrant must refuse
An authorized celebrant shall not solemnize a marriage if —
(a) he has not satisfied himself that the parties are the parties referred to in the notice; or
(b) he has reason to believe that a notice, a declaration made and subscribed under this section, or a statutory declaration made for its purposes, contains a false statement or an error or is defective.
Where a declaration states that a party is a divorced person or a widower or widow, the celebrant shall not solemnize the marriage unless there is produced to him evidence of the divorce, or of the death of the spouse.
It is the practical safeguard against bigamy. A person whose earlier marriage subsists cannot produce a certificate of decree absolute under section 61 of the Matrimonial Causes Act or a death certificate — and without one the celebrant must not proceed.
Note the difficulty for a party whose earlier marriage was a customary marriage dissolved by custom, where no document exists. See how a customary marriage ends.
Section 37(9) allows the celebrant to permit an error in a notice to be corrected in his presence by either party at any time before the marriage, and to treat the corrected notice as originally given in its corrected form.
Sections 37(6) and (7)
- Section 37(6). Where, by reason of the death, absence or illness of the celebrant to whom notice was given, or for any other reason, it is impracticable for him to solemnize the marriage, the marriage may be solemnized by any authorized celebrant who has possession of the notice. The notice travels with the document, so a wedding is not lost because the celebrant falls ill.
- Section 37(7). The declarations of both parties shall both be written on the same paper and on the same side of that paper.
Solemnizing in contravention of section 37 is an offence under section 62; giving a defective notice is an offence under section 67; and a false declaration engages section 59.
Sources
- Marriage Act (Chapter 280) — ss 1, 8, 36–39, 43, 59, 62, 67
- Matrimonial Causes Act (Chapter 282) — s 61
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.