Marriages Act, 1972

Amendment of sections 19 and 20 of Marriages (Ireland) Act, 1844.

7.—The following section is hereby substituted in the Marriages (Ireland) Act, 1844, for sections 19 and 20:

“19. (1) A marriage shall not be solemnised where either of the parties, being neither a widower or widow nor a ward of court, is under the age of twenty-one unless there shall first be obtained (a) the consents of the guardians, or the consent of the sole guardian, of such of the parties so under age or (b) if there is no guardian, the consent of the President of the High Court (or of a Judge of that Court nominated by the President thereof).

(2) The foregoing subsection shall have effect subject to the proviso that the requirement of consent of a guardian shall not apply in a case in which the consent is refused or withheld, or in which the guardian is unknown, of unsound mind or of whereabouts which would be unreasonably difficult to ascertain, if consent of the President of the High Court (or of a Judge of that Court nominated by the President thereof) to the intended marriage is first obtained.

(3) The following provisions shall have effect in relation to an application under paragraph (b) of subsection (1) or subsection (2) of this section—

(a) it may be made by or on behalf of either party to the intended marriage and without the intervention of a next friend,

(b) it may be made informally through the Registrar of Wards of Court in accordance with rules of procedure directed by the President of the High Court,

(c) it may be heard and determined in private, and

(d) no court fee shall be charged in respect of it.

(4) This section applies, notwithstanding section 3 of this Act, in relation to all marriages.”