Civil Registration Act 2004

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Objections.

58.—(1) A person may at any time before the solemnisation of a marriage lodge an objection in writing with any registrar and the objection shall state the reasons for the objection.

(2) Where the registrar who receives an objection under subsection (1) is not employed by the authority by which is employed the registrar to whom was given the notification in relation to the marriage referred to in section 46 , or a copy of the court order in relation to the marriage referred to in that section—

(a) the first-mentioned registrar shall refer the objection to the Superintendent Registrar of the authority by which the second-mentioned registrar is employed, and

(b) the Superintendent Registrar shall direct a registrar employed by the last-mentioned authority to perform the function conferred by this section on the first-mentioned registrar,

(c) the registrar who receives the direction shall comply with it, and

(d) references in subsections (3) and (4) and (6) to (8) to the registrar who receives an objection shall be construed as references to the registrar who receives the direction aforesaid, and this section shall apply and have effect accordingly.

(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, the registrar shall—

(a) notify the parties to the intended marriage of the objection,

(b) make such enquiries as he or she thinks fit,

(c) if the marriage registration form has been given to one of those parties, request its return to the registrar and correct it and the notification and make any necessary corrections to any other records relating to the marriage, and

(d) give the corrected marriage registration form to one of the parties to the marriage.

(4) If the registrar who receives an objection under subsection (1) believes that more than a minor error or misdescription exists in the relevant notification under section 46 and that the possibility of the existence of an impediment to the intended marriage concerned needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—

(a) notify the parties to the intended marriage that—

(i) an objection has been lodged and of the grounds on which it is based,

(ii) the objection is being investigated,

(iii) the solemnisation of the marriage will not proceed until the investigation is completed,

(b) if the relevant marriage registration form has not been issued, suspend its issue,

(c) if the marriage registration form has been issued, request the party to the marriage to whom it was given to return it to the registrar,

(d) notify the solemniser of the marriage that an objection is being investigated, and

(e) direct him or her not to solemnise the marriage until the investigation is completed, and the solemniser shall comply with the direction.

(5) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.

(6) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended marriage concerned exists, he or she shall advise the registrar concerned to that effect and the registrar shall—

(a) notify the parties to the marriage that no impediment to the marriage exists,

(b) issue or re-issue the marriage registration form to one of those parties,

(c) notify the person who lodged the objection that no impediment to the marriage exists.

(7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended marriage, he or she shall advise the registrar concerned to that effect and of the reasons for the decision and the registrar shall—

(a) notify the parties to the marriage—

(i) that the solemnisation of the marriage will not proceed, and

(ii) of the decision of an tArd-Chláraitheoir and of the reasons therefor,

and

(b) take all reasonable steps to ensure that the solemnisation does not proceed.

(8) If, notwithstanding the steps taken by the registrar concerned pursuant to subsection (7)(b), the marriage concerned is solemnised, the marriage shall not be registered.

(9) (a) A party to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).

  (b) The jurisdiction conferred on the Circuit Family Court by paragraph (a) may be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned had been intended to be solemnised is situated.

(10) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate, or complete his or her investigation of, the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.

(11) An objection on the ground that the marriage would be void by virtue of the Marriage of Lunatics Act 1811 shall be accompanied by a certificate of a registered medical practitioner supporting the objection.