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Report No. 15

Clause 15

This follows, in substance, the existing provisions on the subject in the two Chapters relating to Ministers of Church licensed by the State and Marriage Registrars. The expression "certificate of notice" has been preferred to the lengthy expression "certificate of receipt" etc.

The minimum time limit of 4 days for the issue of the certificate, prescribed at present, is felt to be inadequate and has been increased to 7 days. For the same reason, the time-limit of 14 days (where a party is a minor) has been increased to 21 days.

The time-limit has been expressed in a condensed form in paragraph (a), of sub-clause (2), while paragraph (b) of that sub-clause is intended to focus attention on the necessity of a declaration by the parties.

Section 27 proviso, clause (3), of the existing Christian Marriage Act has been omitted. That relates, in substance, to objection by a guardian. The reason for the omission is, that under the draft clauses, the position, of a guardian who wants to "forbid" a marriage will not differ from the position of any other person making an objection to the marriage.

It has been made clear that in a case of a minor bride the declaration is to be signed by her guardian whose consent is required under the Act.

Report on the Law of Christian Marriage and Divorce Back

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