Aside from the rules about how and where you can marry, marriage will immediately affect lots of areas of your life. You may not be aware but your legal status, your inheritance rights, and pensions are just some things that will change. Many other areas of life will also change so it is essential that you are aware of your rights and duties as a married couple.

There are legal prerequisites that both parties must fulfil in order to have the legal capacity to marry each other. If they lack capacity under any heading the marriage would be void at law in Ireland.

Requirements for marriage
If you are an Irish citizen normally resident in Ireland, you must be at least 18 years old to get married. There are some exceptions to this. In certain special circumstances, you may be able to get a Court Exemption Order allowing the marriage to proceed even if one or both parties are under 18. The court will require you to show:
• that there are good reasons for your application
• that the granting of such an Exemption Order is in the best interests of the parties to the intended marriage.

If either party is under 18 (and doesn't have a Court Exemption Order) the marriage will not be recognised under Irish law. There is no longer any requirement for parental consent to a marriage, irrespective of the ages of the parties concerned.

Essentially, the age rule is the same, irrespective of whether or not you get married in a religious or civil ceremony. Even if you are not ordinarily resident in the Irish State, you must be over 18 years of age if you wish to marry someone in Ireland who is ordinarily resident in the State.

Notification requirements for marriage
Since 5 November 2007 anyone marrying in the Republic of Ireland (irrespective of whether they are an Irish citizen or a foreign national) must give three months notification before they marry. You must make this notification in person to any Registrar.

Getting married outside of Ireland
If you are an Irish citizen and are planning to marry abroad, you should realise that the legal validity of your marriage is governed, in part, by the laws of the country in which you marry. In most, if not all cases, the legal formalities abroad are very different to those in Ireland.

Changes to your status following your marriage:
You may not have been aware, but getting married affects many areas of your life in Ireland. These range from life insurance and pensions, to inheritance, presumption of paternity and even taxation.

Rules
To contract a legally valid marriage in Ireland the parties to the marriage must:
• have the capacity to marry each other
• freely consent to the marriage. Free consent may be absent if, at the time of the marriage, a person is suffering from intoxication, brain damage, mental disability, mental instability or insanity to the extent that he/she is not able to understand the implications of marriage. Additionally, if someone agrees to marry because of threats or intimidation, his/her apparent consent may also be invalid and the marriage may be void.
• observe the necessary formalities

Capacity to marry
To be legally entitled to marry, both of you must fulfil all of the following requirements at the time the marriage takes place. Both parties must:
• Be over 18 years of age or have a Court Exemption Order if this is not the case.
• Have given the Registrar three months notification of the marriage (or have a Court Exemption Order if this is not the case) and have been issued by the Registrar with a Marriage Registration Form.
• Be either single, widowed or divorced in Ireland or have a State Annulment or a valid foreign divorce.
• Be of opposite sexes - for legal purposes, a person's gender is deemed to be the one he/she had at birth, even if he/she subsequently had medical procedures to alter his/her gender.
• Have the mental capacity to understand the nature of marriage
• Not be related by blood or marriage to a degree that prohibits you in law from marrying each other. If you are related to your proposed spouse by blood or by marriage, you should contact a solicitor to ensure that you do not fall within the prohibited degree of relationship. If either party doesn't fulfil even one of the above requirements, any subsequent marriage ceremony is legally void.

Once you are sure that you have the capacity to marry you can decide how you wish tobe married. Marriages that take place in Ireland by certain specified religious ceremonies or by civil ceremony (that is, in a Registry Office or other approved place) are equally valid and binding under Irish law.

Different ways of getting married
There are different legal ways of getting married in Ireland; you may choose a religious ceremony or a civil ceremony. Requirements of different faiths may differ, so check in advance with the relevant member of the clergy for further information.

Since 5 November 2007, no matter how you marry (i.e., through a civil or religious ceremony), the registration process is the same. (There are transitional arrangements for those who have notified the Registrar before 5 November 2007.) You are issued with a Marriage Registration Form (MRF) by the Registrar, following notification, which gives you authorisation to get married. You give it to whomever will be solemnising your marriage. Following the marriage ceremony, the completed MRF should be given to a Registrar, within one month of the marriage ceremony, for the marriage to be registered.

The appropriateness of the venue you choose for a religious marriage ceremony is the responsibility of the religious body under whose auspices the marriage is being performed. Civil marriage ceremonies are held in a Registry Office or, since 5 November 2007, in any venue, providing the venue has been approved by the Registrar. You need to contact the Registrar to arrange to have the venue inspected. There will be an additional fee for a civil ceremony held in a venue other than a Registry Office.

Marriage Ceremony
The marriage ceremony is solemnised by the Registrar, who is on the Register of Solemnisers. The ceremony must be performed in the presence of two witnesses aged 18 or over. During the ceremony you and your intended spouse must make two declarations:
• That you do not know of any impediment to the marriage
• That you accept each other as husband and wife

Interpretive Services
If either you, your intended spouse or either of the two witnesses does not have sufficient knowledge of the language in which the ceremony is being held to understand the ceremony, then the services of an interpreter must be provided. It is your responsibility to provide the services.
 
Where To Apply
You should serve notice on the Registrar of Civil Marriages for the district where you intend getting married. You can contact the General Register Office for the name and address of the relevant Registrar/s.
Getting married is an exciting time in life and a serious commitment. Being aware of the various formalities and procedures in advance, should help you both to plan and organise your wedding. Being aware of just how much marriage will affect your legal status, will also help you understand how this change in your life will affect your rights and entitlements.
General Register Office
Line 1:
Government Offices
Line 2:
Convent Road
Line 5:
Roscommon
County:
Roscommon
Country:
IRELAND
Tel:
+353 90 663 2900
Locall:
1890 25 20 76
Fax:
+353 90 663 2999
Homepage:
http://www.groireland.ie/

More info www.citizensinformation.ie