The legal framework
The Marriage Act designates ministers of religion who have been appointed as marriage officers, and they perform marriages with full legal effect. A marriage licence from the Registrar General's Department is required, or banns published, and the marriage must be registered afterwards. Common-law unions of five years or more carry limited property rights under the Property (Rights of Spouses) Act.
Key points
| Marriage officer | Appointed ministers of religion, and civil officers |
|---|---|
| Licence | From the Registrar General's Department, or publication of banns |
| Witnesses | Two |
| Registration | With the Registrar General's Department |
| Minimum age | 18, or 16 with parental consent |
| Common-law spouses | Five years of cohabitation gives defined property rights |
| Marriage officers | Ministers appointed by the Ministry of Justice |
| Licence or banns | Either route is available |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Confirm the minister's appointment as a marriage officer before the ceremony.
Where to go
- Registrar General's Department.
- Ministry of Justice for marriage officer appointments.
- Legal Aid Council.
Worth knowing
The Property (Rights of Spouses) Act treats a common-law spouse of five years as a spouse for property purposes — but not for every purpose, and not for inheritance on intestacy in the same way. Five years of cohabitation gives property rights but not the same inheritance rights as marriage. The gap appears on death, not on separation.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database