His Majesty’s Stationery Office
Marriage Act 2013
5, 6 & 7 Max. c. 2
An Act to make provision concerning marriage in Æfira; and for related purposes.
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Whereas it is desirable and proper that the institution of marriage for civil and legal purposes should be continued, and that all persons, without discrimination, should have the full and equal right to marry:
Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons in Parliament assembled, and by the authority of the same, as follows:
1. Marriage; eligibility to marry
(1) Marriage is the conjugal relationship of two persons to the exclusion of all others.
(3) A person is eligible to marry if, and only if, he or she—
(a) is not married to another person; and
(b) is of sound mind.
2. Marriage licenses
(1) Two persons who intend to marry may apply to the Registrar General for a marriage license.
(2) An application shall contain—
(a) the names of both intended spouses and such other information as is necessary to clearly identify them; and
(b) a sworn declaration by each intended spouse that he or she—
(i) is eligible to marry;
(ii) understands the legal nature and effect of marriage; and
(iii) fully and freely consents to the intended marriage.
(3) Upon receiving an application, the Registrar General shall grant a marriage license to the intended spouses, unless he or she reasonably believes that any information contained in the declaration is not accurate.
3. Entry into marriage
Not less than 21 days nor more than 12 months after receiving a marriage license, two persons may enter into marriage by declaring, or assenting to a declaration of, their marriage to each other, in clear and unambiguous words and in the presence of a registrar of marriages and two other witnesses.4. Void marriages
A marriage is void ab initio if—(a) either spouse was not, at the time of the marriage, eligible to marry;
(b) either spouse did not fully and freely consent to the marriage; or
5. Recognition of foreign marriages
A marriage, or a relationship in the nature of a marriage, under the law of a foreign jurisdiction is a marriage in Æfiran law if—(a) at least one spouse was, at the time of the marriage or the formation of the relationship, domiciled in that jurisdiction; and
(b) both spouses fully and freely consented to the marriage or relationship.
6. Death of spouse
A marriage is dissolved by the death of either spouse.7. Divorce
(1) A married person may petition the High Court of Justice for a decree of divorce on the ground that—
(a) his or her spouse concurs in desiring, and fully and freely consents to, the termination of the marriage;
(b) his or her spouse has committed adultery, or has otherwise behaved in such a way that he or she reasonably finds the continuation of the marriage intolerable;
(c) he or she has lived apart from his or her spouse for the previous two years; or
(d) he or she has become irreconcilably estranged from his or her spouse.
(2) The petitioner’s spouse may respond to the petition.
(3) If, having inquired into the facts alleged in the petition and response, the court is satisfied of the facts alleged in the petition, it shall grant a decree of divorce, and the petitioner’s marriage is thereupon dissolved.
(4) Notwithstanding subsection (3), the court shall not grant a decree of divorce if it considers that to do so would be manifestly unreasonable.
(5) Proceedings under subsection (3) shall be held in camera on the application of either the petitioner or the respondent, unless the court considers that this would be contrary to the interests of justice.
8. Registration of marriages and divorces
(1) The registrar of marriages in whose presence a marriage is declared under section 3 shall certify the marriage to the Registrar General.
(2) A court which grants a decree of divorce under section 7(3) shall certify the divorce to the Registrar General.
(3) Upon receiving a certificate of marriage or divorce, the Registrar General shall record the marriage or divorce in such manner as His Majesty may direct.
(4) The Registrar General shall maintain and make publicly available the records made under subsection (3).
9. Effects of marriage
(1) Neither marriage nor divorce affects the independent legal personality or capacity of either spouse, nor the ownership or status of any property.
(2) No person may be compelled to testify against his or her spouse in any legal proceedings.
(3) A foreigner who is the spouse of an Æfiran citizen has the right to enter and reside in the Kingdom of Æfira, but does not become an Æfiran citizen by virtue of the marriage.
10. Adultery etc.
(1) Adultery is not a tort or a criminal offense and does not give rise to any cause of action otherwise than under section 7.
(2) The seduction of a spouse (otherwise called criminal conversation) is not a tort and does not give rise to any cause of action.
(3) The enticement or harboring of a spouse (otherwise called alienation of affection) is not a tort and does not give rise to any cause of action.
11. Promises to marry
(1) A promise by one person to marry another, or an agreement between two persons to marry each other, does not have effect as a contract, and the breach thereof does not give rise to any cause of action otherwise than under subsection (4).
(2) Where, in consequence of such an agreement, one party to the agreement makes a gift of property to the other, there is a rebuttable presumption that the gift is subject to rescission if the agreement is breached by the donee.
(3) Where, in consequence of such an agreement, another person makes a gift of property to a party or to both parties jointly, there is a rebuttable presumption that the gift is subject to rescission if for any reason the marriage does not take place.
(4) Where such an agreement is breached by one party, the other may bring against the first-mentioned party an action for damages in respect of expenditure—
(a) which he or she has reasonably incurred in consequence of the agreement; and
(b) in respect of which he or she has not benefited.
12. Criminal offenses
(1) A registrar of marriages who willfully—
(a) refuses without reasonable cause to certify a marriage or divorce; or
(b) falsely certifies a marriage or divorce—
is guilty of a misdemeanor.(2) A person who purports to marry another person, or a registrar of marriages who certifies a marriage, knowing that the marriage is void under section 4, is guilty of a misdemeanor.
(3) A person who falsely purports to be a registrar of marriages is guilty of a misdemeanor.
(4) A person who willfully induces or attempts to induce a person to marry or divorce, by duress, fraud or coercion, is guilty of a felony.
13. Forms
His Majesty may by Order in Council prescribe the form to be observed with respect to any application, license, certificate or other document under this Act.14. Interpretation
In this Act,—(a) “adultery” means consensual sexual intercourse between a married person and a person not his or her spouse;
(b) “consent” does not include consent given—
(i) under duress, fraud or coercion;
(ii) under a mistake as to the identity of a relevant person;
(iii) by a person of unsound mind; or
(iv) on a person’s behalf by another person;
(c) “registrar of marriages” means—
(i) the Lord Chief Justice or a Lord Justice;
(ii) the Registrar General;
(iii) within a foreign State, His Majesty’s ambassador or envoy to that State;
(iv) a chaplain of His Majesty’s armed forces; or
(v) another person appointed by His Majesty to be a registrar of marriages; and
(d) “spouse” means—
(i) in relation to a marriage, either of the parties to the marriage; and
(ii) in relation to a married person, the person to whom that person is married.