The Gazette 1976

SEP T EM BER 1976

GAZETTE

PIERS v PIERS (1849) 2 H.L. 331 (Presumption in Favour of Validity); BEAMISH v BEAMISH (1861) 9 H.L. Cas. 274 (Validity of Marriage, Absence of Independent Priest); COURTNEY v MILES (1877) Ir. R. 2 Eq. 284 (Validity of Marriage, Compliance with Requirements); USSHER v USSHER (1912) 2 I.R. 445 (Validity of Marriage, Application of Canon or Pre-Reformation Law); LORD ADVOCATE v JAFFREY (1921) 1 A.C. 146 (Domicile of Dependency); MULHEARN v CLEARY (1930) I.R. 649 (Pre- sumption of Validity in Case of Cohabitation); TILSON v TILSON (1951) I.R. 1 (Religious Up- bringing of Children); PEOPLE (A.G.) v BALLINS (1964) Ir. Jur. Rep. 14 (Validity of Registry Office and Church Marriages); CORBETT v CORBETT (1970) 2 All E.R. 33 (Re- quirement to be of opposite sex). Bibliobraphy 1. "Bromley's Family Law" (4th Edition) (Butter- worths). (Supplement to the 4th Edition published in 1974). 2. "Principles of Family Law" (1st Edition: Sweet and Maxwell), by S. M. Cretney. 3. "The Law and Practice of the Court for Matri- monial Causes and Matters" by W. H. Kisbey. 4. "The Marriage Law of Ireland" by W. Harris Faloon. 5. "Family Law" by Margaret Puxton. 6. Series of five successive articles in the Irish Times from 12th March, 1974 to the 16th March, 1974 by William Duncan and James O'Reilly. 7. "Fundamental Rights in Irish Law and Constitu- tion" (Chapter IX, 2nd Edition) by J. M. Kelly. 8. Society of Young Solicitors Lectures: (a) Lecture No. 33 "Family Law" delivered by Donal Barrington, S.C., March 1968. (b) Lecture No. 46 "Some Aspects of Family Law" delivered by Mr. Justice Kenny, March 1970. (c) Lecture No. 69 "Family Law in the High Court in the Irish Republic" delivered by Robert Barr, S.C., November 1972. 9. "The Family and the Law" by Goldstein and Katz. 10. "The Formation and Annulment of Marriage" by J. Jackson.

(ii) Civil Marriages Persons intending to be married must serve notice of the marriage upon the Registrar of the district in which they reside and if they reside in differ- ent districts notice must be served on the Regis- trar of each district. Where the marriage is to be contracted in the Registry Office the* Registrar is required at the expense of the parties to the marriage to publish notices at least once in two consecutive weeks next after receiving the notice in a newspaper circulating in the district in which the marriage is intended. Where the parties wish to have a State wedding only, the marriage will be solemnised on the authority of a licence or certificate issued by the In the case of marriage by licence it is necessary for each party to have resided within the district of the Registrar on whom notice is given for the fifteen days immediately preceding the service of notice. The party giving notice is required to declare that there is no lawful impediment, that the parties have during the month immediately pre- ceding the notice usually attended Divine Wor- ship in the building named in the notice, that one of them has resided for at least fifteen days in the district of the Registrar on whom the notice is served, and, in the case of minors, that the requisite consents have been obtained. Where the parties have not been attending Divine Worship the form of declaration requires to be amended. On the eighth day from the day of entering the notice, a licence may be issued by the Registrar provided that the marriage has not been forbidden or a Caveat entered against it. (b) Marriage by Certificate In the case of marriage by certificate, it is necessary for each party to the marriage to have resided within the district of the Registrar to whom the notice is given for the seven days immediately preceding the service of the notice. A declaration similar to that for marriages by licence, except as to length of residence should be made at the time of giving notice by the party serving the notice. On the twenty-second day a certificate may be issued by the Registrar if the marriage has not been forbidden or a Caveat entered against it. The costs of a Civil Marriage are, apart from the publication of the requisite notices in the newspapers, minimal Foreign Marriages The State will generally recognise marriages con- tracted abroad if they are recognised in the State in which they are contracted although such recognition may be affected by the laws of the State relating to the recognition of foreign divorce. Case Law R. v MILLIS (1943) 10 CI. and Fin. 534 (Validity of Marriage, Presence of Priest); 176 Registrar of Marriages. (a) Marriage by Licence

F.L.A.C.

F.L.A.C. are opening a new Centre in Cabra , ; and thus would be pleased to hear from Solic- itors willing to go on the Panel of Solicitors for that Centre.

Please contact : Muriel Lee, 6, Palmerston Gardens, Rathmines, Dublin 6.