A massive increase in penalties for irregularly contracted marriages is being proposed as part of a major reform of the laws in this area. Paul Cullen reports.
People who give false information when marrying could face fines of up to €10,000 and/or imprisonment of five years, under proposals from the Government's Inter-departmental Committee on Reform of Marriage Law.
Existing fines vary between €10 and €50. The committee is also proposing universal civil preliminaries for all marriages, whether they happen in a church or not, and it has approved earlier proposals that will allow couples marry at a location of their choosing.
This provision, which will apply so long as the location is public and no food or alcohol is served during the ceremony, will be made law by amendments to the Civil Registration Bill, which comes before the Dáil in the next few weeks.
At present, Catholic marriages must take place in a church, which are not required to be licensed. Other religions must apply for a licence. The committee wants to replace the current register of venues with a register of people entitled to solemnise marriages. However, it acknowledges this may present legal difficulties.
Existing laws on the location for marriages are unduly restrictive and facilities at county registrars' offices - the only permissible location for civil marriages under existing laws - are inadequate to meet growing demand, the committee says.
Current residence requirements are based on a "Victorian premise" that people were born and married in the same district.
"This is no longer the position. Society has become more mobile and the current residence rules impose an artificial burden on couples intending to marry."
Some people who wish to marry outside their own area are unable to do so, according to anecdotal evidence cited by the committee.
"As a result of changes in society a residence requirement is no longer workable and unnecessarily bureaucratic."
It also criticises the rules for marriage licences as complex and not easily understood by marrying couples and even by those issuing the licences.
It says the current requirement to give three months' notice should be strengthened.
All those intending to marry will have to attend personally together at the registrar's office, produce identification and make a formal declaration that they are free to marry.
If the couple, their witnesses or their solemniser are not fluent in the language of the marriage ceremony, an interpreter must be employed.
Concern is expressed about the number of people seeking exemption to the three months' notice rule. Between 2000 and 2002, 3,350 applications for exemption to this rule were made to the Circuit Court, of which over 90 per cent were approved.
The committee says it aims to create a common framework and standard set of formalities for marriage and to treat all religions, and people of no religion, equally.
Marriage law in Northern Ireland has already been reformed. Since January 1st, new laws mean that someone residing in the North will no longer be able to service notice of marriage on a registrar in the North for marriage in the South.
The committee recommends that the Government ratifies the United Nations Convention on Marriage, but should enter a reservation in relation to an article which states that in exceptional circumstances a marriage can go ahead in the absence of one of the parties. The committee says both parties to a marriage must be present for the ceremony.