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Report No. 23

Clause 16

This follows section 14 of the Special Marriage Act.

Clause 17

This provides for registration of marriages solemnised under the law of a foreign country. The conditions for registration are, in substance, the same as those in the English and Australian Acts, except that the condition of personal attendance of the marriage officer has not been adopted, as being unnecessary.

A marriage will not be registered unless it satisfies the conditions of validity applicable to marriages solemnised under the Act itself. In the absence of such a provision, the substantive requirements of the proposed law might be circumvented by the parties first marrying under the foreign law and then applying for registration under the Bill.

It also provides for the mode of registration. As regards consequences of registration, it is considered desirable to treat such marriages as equivalent to marriages solemnised under the Act1.

1. See also the body of the Report, para. 15.

Law of Foreign Marriages Back

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