When couples use section 15
- A religious ceremony took place, but the couple wants a civil certificate recognised everywhere.
- The marriage was solemnised under a law that does not provide a convenient registration route.
- An inter-religion couple married with one partner's rites and wants a civil record without conversion questions.
- A certificate is needed for a visa or foreign authority that prefers a civil registration.
Conditions under section 15
- A ceremony of marriage was performed and the parties have lived together as husband and wife since then.
- Neither party has more than one spouse living at the time of registration.
- Both are capable of valid consent.
- Both have completed 21 years of age at the time of registration.
- They are not within prohibited degrees of relationship (unless custom permits).
- At least one party has lived in the Marriage Officer's district for at least 30 days before the application.
Procedure
- Application. Both parties apply to the Marriage Officer of the district.
- Public notice. The Marriage Officer gives public notice and allows 30 days for objections (section 16).
- Hearing objections. Any objection is considered before registration.
- Entry and certificate. The marriage is entered in the Marriage Certificate Book, signed by the parties and three witnesses.
Legal effect
Under section 18, from the date of entry the marriage is deemed solemnised under the Special Marriage Act. Children born after the ceremony are treated as legitimate. Matters such as succession for the parties may then follow the Special Marriage Act regime, which is worth understanding before you apply.
Related pages
Special Marriage Act Special Marriage Act Marriage Registration Court Marriage Notice Inter-Religion Marriage
Frequently Asked Questions
Is this the same as court marriage?
No. Court marriage solemnises a new marriage. Section 15 registers an existing one.
Is the age limit different?
Yes. Section 15 requires both parties to be at least 21 at the time of registration.
Is there a notice period?
Yes, public notice with 30 days for objections.
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.