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Report No. 15

74. Savings regarding marriages so solemnised before the Act.-

A marriage solemnised before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid merely by reason of any provision contained in this Act.1

[New] [Cf. the wording of section 29(1), H.M.A.]

1. An alternative draft, based on section 79(7) of the (English) Marriage Act, 1949, would be as follows:-

"Nothing in this Act shall affect the validity of any marriage solemnised before the commencement of this Act".

But the word "affect the validity" would extend the protection, it can be argued to voidable marriages also (which a not the intention). The phraseology used is the English Act has not, therefore, been adopted.

Report on the Law of Christian Marriage and Divorce Back

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