Christian marriage is a voluntary union for life between a man and a woman, to the exclusion of all others. Family matters among the Christian community are dealt with by the Christian Marriages Act of 1872 and the Divorce Act of 1869. One of the problems facing the community is the contradiction between the Christian Marriage Act and the Child Marriage Restraint Act of 1929 which sets the minimum age for marriage.
Essentials
- Minimum age: girl: exceeding 13 years boy: exceeding 16 years
- either party to be Christian (in practice priests do not solemnise marriages unless both parties are Christian)
- free consent of both in public before 2 witnesses* see note below
- notice of marriage three consecutive calendar months before marriage
- registration of marriage with Registrar
- certificate of marriage
- solemnised in church, or with special permission, at private residence.
- Prohibited: certain marriages between relatives (related by blood and by affinity) are prohibited but these are not clearly defined in the Act
- according to the Act (Sec.19 & 60), if either of the spouses has not exceeded 18 years of age the certificate of marriage will not be issued unless the consent of the father/guardian/mother has been given.
- polygamy is strictly prohibited among Christians
Who Can Somnise Marriage ?
- any person who has received Episcopal ordination provided the marriage is solemnised in accordance with rules, rites, ceremonies, customs of the church of which he is a Minister
- any clergy of the Church of Scotland * see note below
- any minister of religion holding a licence under the Christian Marriages Act
- a Marriage Registrar appointed under the Act
- any person appointed under the Act to grant certificate of marriage to native Christians
Penalities for Violation:
There are strong penalties of fine and imprisonment (in some instances up to 10 years) for violation of the . provisions in the Christian Marriages Act by the parties and/or the Registrar. However implementation is very rare.
Dissolution of Christian Marriage:
Since marriage among Christians is regarded as a holy union, the primary concept of dissolution of marriage is through the death of one of the spouses and divorce during their lifetime is permitted only on very restricted grounds for both husband and wife. There is no concept of unilateral divorce and the courts have to be approached (although in practice, the Church does also grant dissolution of marriage).
Procedure for Divorce
by husband under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds: wife guilty of adultery
____________________________________
Procedure for Divorce
by wife under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds:
husband guilty of adultery and
since solemnisation of marriage husband converts to another religion; or
husband is guilty of incestuous adultery; or
husband is guilty of bigamy with adultery; or
husband is guilty of marriage with another woman with adultery; or
husband is guilty of rape, sodomy or bestiality; or
husband is guilty of adultery coupled with cruelty
husband is guilty of adultery coupled with desertion without reasonable cause for 2 years or more
____________________________________
Nullity of Marriage & Judicial Separation
Nullity of Marriage: Any wife or husband can approach the courts to have her/his marriage declared null and void on any of the following grounds under Sec 18 & 19 of the Divorce Act 1869 (the children of an annulled marriage however are legitimate and can inherit):
- husband was impotent at the time of marriage and remains so
- husband and wife fall within the prohibited degrees of consanguinity (natural & legal) or affinity
- husband or wife was a lunatic or idiot at the time of marriage
- former husband or wife of spouse is living and former marriage was still in tact
- consent of husband or wife for marriage was taken by force or fraud
No comments:
Post a Comment