Marriage Act 2015

Marriage Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Marriage Act 2015 Marriage Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 35 of 2015 MARRIAGE ACT 2015 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

PART 2

Impediments to Marriage

Section 4

Section 5

Section 6

PART 3

Religious Bodies

Section 7

PART 4

Civil Partnership

Section 8

Section 9

Section 10

Section 11

PART 5

Recognition of Certain Foreign Relationships

Section 12

Section 13

PART 6

Consequential Amendments

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Marriage Act 2015.

Definitions 2. In this Act— “Act of 2004” means the Civil Registration Act 2004 ; “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “Minister” means the Minister for Justice and Equality.

Expenses 3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2

Impediments to Marriage Amendment of section 2(2) of Act of 2004 4. Section 2(2) of the Act of 2004 is amended by— (a) the deletion of paragraph (e), (b) the substitution of the following paragraph for paragraph (f): “(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or”, and (c) the insertion of the following paragraph after paragraph (f) : “(g) the marriage would be void by virtue of section 2A.”.

Prohibited degrees of relationship 5. The Act of 2004 is amended by the insertion of the following section after section 2: “2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

No impediment where subsisting civil partnership with each other 6. The Act of 2004 is amended by the insertion of the following section after section 2A (inserted by section 5 ): “2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.”.

PART 3

Religious Bodies Religious bodies 7. (1) Nothing in this Act or any other enactment shall be construed as obliging— (a) a religious body to recognise a particular form of marriage ceremony for the purposes of section 51(3)(c) of the Act of 2004, or (b) a religious solemniser to solemnise a marriage in accordance with a form of marriage ceremony which is not recognised by the religious body of which the religious solemniser is a member.

PART 4

Civil Partnership Repeal of certain provisions of Act of 2004 relating to civil partnership 8. The following provisions of the Act of 2004 are repealed: (a) section 2(2A); (b) section 59B; (c) section 59C (other than subsection (5)); (d) section 59D (other than subsections (6)(c), (7), (8) and (9)); (e) section 59E; (f) section 59F; (g) section 59G; (h) section 59H; (i) section 59I.

Amendment of section 46(1) of Act of 2004 9. Section 46(1) of the Act of 2004 is amended by the substitution of the following paragraph for paragraph (a): “(a) (i) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to marry— (I) not less than 3 months prior to the date on which the marriage is to be solemnised, or (II) at any time prior to the date on which the marriage is to be solemnised where the parties to the intended marriage are parties to a subsisting civil partnership with each other and have previously either complied with section 59B(1) (a) in respect of that civil partnership or been exempted from such compliance by order of the Circuit Court or the High Court under section 59B(2), or (ii) are granted an exemption from the application of subparagraph (i) (I) under section 47 and give a copy of the court order granting the exemption to any registrar before the date aforesaid,”.

Dissolution and transitional 10. The Act of 2004 is amended by the insertion of the following Part before section 60: “Part 7C Dissolution and Transitional Registration of dissolution of civil partnership on marriage 59K. Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register.

Transitional provisions consequent on Marriage Act 2015 59L. (1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46.

Dissolution of civil partnership on marriage 11. The Act of 2010 is amended by the insertion of the following section after section 109: “109A. Notwithstanding any provision of this Part, a civil partnership subsisting between two persons immediately before their marriage to each other shall stand dissolved on and from the date of that marriage.”.

PART 5

Recognition of Certain Foreign Relationships Recognition of certain foreign marriages 12. (1) A marriage under the law of a place other than the State shall not be precluded from being recognised as a marriage by reason of the sex of the parties to the marriage.

Certain registered foreign relationships 13. The Act of 2010 is amended by the insertion of the following section after section 5: “5A. Neither section 5, nor any order made (whether before or after the date of the commencement of this section) under section 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement of section 8 of the Marriage Act 2015.”.

PART 6

Consequential Amendments Amendment of section 77(2) of Mental Treatment Act 1945 14.

Section 77

Amendment of Married Women’s Status Act 1957 15. The Married Women’s Status Act 1957 is amended— (a) in section 2(2), by the substitution of “spouse” for “husband”, (b) in section 4, by the substitution of “Spouses of each other” for “A husband and wife”, (c) in section 9— (i) in subsection (1), by the substitution of “spouse” for “husband”, and (ii) in subsection (2), by the substitution of— (I)“against his spouse” for “against his wife”, and (II)“as if he were unmarried” for “as if she were not his wife”, and (d) by the substitution of the following section for section 18: “Gifts in fraud of creditors 18. Nothing in this Act shall be construed as validating, as against creditors of a spouse (in this section called the ‘first-mentioned spouse’), any gift, by the first-mentioned spouse to his or her spouse, of any property which, after such gift, continues to be in the order or disposition or reputed ownership of the first-mentioned spouse or any deposit or other investment of moneys of that first-mentioned spouse made by or in the name of his or her spouse in fraud of the first-mentioned spouse’s creditors, and any such moneys so deposited or invested may be followed as if this Act had not been passed.”.

Amendment of Guardianship of Infants Act 1964 16. The Guardianship of Infants Act 1964 is amended— (a) in section 6— (i) by the substitution of the following subsection for subsection (1): “(1) The following persons shall be guardians of a child jointly: (a) the father and mother of the child, or (b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married couple.”, and (ii) by the insertion of the following subsection after subsection (3A) (inserted by section 47 of the Children and Family Relationships Act 2015 ): “(3B) On the death of a spouse who has jointly adopted a child with his or her spouse of the same sex, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.”, and (b) in section 6B(1) (inserted by section 49 of the Children and Family Relationships Act 2015 ), by the substitution of “person” for “man”.

Amendment of section 85 of Succession Act 1965 17. Section 85 of the Succession Act 1965 is amended by the insertion of the following subsection after subsection (1): “(1A) Notwithstanding subsection (1), where the parties to a subsisting civil partnership with each other marry each other, a will made in contemplation of entry into the civil partnership or during the civil partnership by a testator who is a party to the marriage shall not be revoked by that marriage and a reference in the will to the testator’s civil partner shall be construed as a reference to the testator’s spouse.”.

Amendment of First Schedule to Bankruptcy Act 1988 18. The First Schedule to the Bankruptcy Act 1988 is amended by the substitution of the following paragraph for paragraph 11: “11. A person may prove a debt against his or her spouse as if they were not married.”.

Amendment of section 8(2) of Judicial Separation and Family Law Reform Act 1989 19.

Section 8

Amendment of section 25 of Criminal Evidence Act 1992 20.

Section 25

of the Criminal Evidence Act 1992 is amended by the substitution of “(being either spouses of each other or persons who were formerly spouses of each other)” for “(being either a husband and wife or persons who were formerly husband and wife)”.

Amendment of section 51 of Act of 2004 21. Section 51 of the Act of 2004 is amended— (a) in subsection (4)(b), by— (i) the substitution of “declaration by each of the parties to the marriage” for “declaration by the parties to the marriage”, and (ii) the substitution of “to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be” for “to the effect that they accept each other as husband and wife”, and (b) by the substitution of the following subsection for subsection (7) — “(7) The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when each of them has made a declaration in the presence of the other, the registered solemniser and the two witnesses that each of them accepts the other as a husband, a wife or a spouse, as the case may be.”.

Amendment of section 26 of Civil Registration (Amendment) Act 2014 22.

Section 26

of the Civil Registration (Amendment) Act 2014 is amended by the substitution of “following section before Part 7B” for “following section after section 59I”.

Amendment of Children and Family Relationships Act 2015 23. The Children and Family Relationships Act 2015 is amended by the substitution of “spouse” for “husband” in each place where it occurs in— (a) subsection (1)(b), and paragraphs (a) and (b) of subsection (8), of section 5, (b) section 9(3)(d), (c) subsections (1) and (3)(a) of section 11, (d) paragraph (b)(ii) of section 25(3), and (e) section 27(5)(e).

Amendment of Gender Recognition Act 2015 24. The Gender Recognition Act 2015 is amended— (a) in section 2, by the deletion of the definition of “civil partner”, (b) in section 9, by the deletion of subsection (2)(b), (c) in section 10, by the deletion of subsection (1)(f)(i), (d) in section 11, by the deletion of subsection (2)(a)(ii), (e) in section 15(8) — (i) in paragraph (b), by the insertion of “and” after “certificate,”, (ii) by the deletion of paragraph (c), and (iii) by the deletion of paragraph (d)(ii)(I), and (f) in section 18— (i) by the deletion of subsection (3), and (ii) by the deletion of subsection (8).

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