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CHAPTER 50 - MARRIAGE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Marriage Districts (Division) Order

Marriage (Procedure) Rules

Marriage (Forms and Fees) Rules

MARRIAGE DISTRICTS (DIVISION) ORDER

[Section 3]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Districts for purposes of Act

[Order by the Prime Minister]

 

1. Title

This Order may be cited as the Marriage Districts (Division) Order.

 

2. Districts for purposes of Act

The Republic is hereby divided for the purposes of the Act into districts the names and boundaries of which shall be identical with the names and boundaries of the administrative districts of the Republic as set out in the Second Schedule to the Provinces and Districts (Division) Order.

MARRIAGE (PROCEDURE) RULES

[Section 46]

Arrangement of Rules

   Rule

   1.   Title

   2.   Marriages contracted before Registrar

   3.   Preliminaries to celebration of marriage

   4.   Procedure

   5.   Special cases

   6.   No religious service to be used

      SCHEDULE

[Rules by the Minister]

GN 45 of 1951.

 

1. Title

These Rules may be cited as the Marriage (Procedure) Rules.

 

2. Marriages contracted before Registrar

Marriages contracted before a Registrar by virtue of the provisions of section 26 of the Act shall be in accordance with the procedure set out in the Schedule.

 

3. Preliminaries to celebration of marriage

Prior to the celebration of the marriage, the Registrar shall inspect the certificate of licence and shall point out to the parties that the place in which they are met has been duly sanctioned for the celebration of marriages according to law. He shall insist upon the seemly behaviour of the parties and witnesses as befitting the importance of the occasion.

 

4. Procedure

The Registrar shall himself recite the declaration and the form of contracting words, in order that the parties may repeat them, and he shall insist upon the parties repeating the words in a serious and proper manner and with as distinct an enunciation of the words as possible. The full import of the declaratory and contracting words and the penalty for any falsity therein shall be clearly explained to the parties by the Registrar whenever the parties appear to be either ignorant or careless in that respect.

 

5. Special cases

In the case of deaf and dumb persons, they shall be requested to bring with them an interpreter who understands the language of the deaf and dumb; otherwise the words of declaration and contract shall be written out and signed by the parties in token of their assent.

 

6. No religious service to be used

The Registrar shall not allow any religious service whatever to be used at the celebration of a marriage in his office. For the purposes of this rule the giving and receiving of a ring shall not be deemed to constitute a religious ceremony.

SCHEDULE

[Rule 2]

PROCEDURE FOR MARRIAGES CONTRACTED BEFORE A REGISTRAR

Each of the parties must, in the presence of the Registrar and the witnesses, declare as follows—

"I do solemnly declare that I know not of any lawful impediment why I (naming himself or herself) may not be joined in matrimony to (naming the other party)."

And each of the parties must also say to the other—

"I call upon these persons here present to witness that I (naming himself or herself) do take thee (naming the other party) to be my lawful wedded (wife or husband)."

MARRIAGE (FORMS AND FEES) RULES

[Section 46]

Arrangement of Rules

   Rule

   1.   Title

   2.   Notice of intended marriage

   3.   Attestation

   4.   Certificate

   5.   Licence

   6.   Marriage certificate

   7.   Marriage register

   8.   Affidavit

   9.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Minister]

Act 13 of 1994,

GN 73 of 1918,

GN 95 of 1918,

GN 144 of 1926,

GN 216 of 1945,

GN 189 of 1949,

GN 199 of 1953,

GN 316 of 1964,

GN 497 of 1964,

SI 72 of 1964,

SI 282 of 1967,

SI 77 of 1982,

SI 180 of 1987,

SI 63 of 1994,

SI 31 of 1996,

SI 98 of 1996.

 

1. Title


{mprestriction ids="2,3,5"}

These Rules may be cited as the Marriage (Forms and Fees) Rules.

 

2. Notice of intended marriage

Every notice of an intended marriage given pursuant to the provisions of section 6 of the Act shall be in Form 1 in the First Schedule.

 

3. Attestation

Every attestation to a signature under the provisions of the Act shall be in Form 2 in the First Schedule.

 

4. Certificate

Every certificate issued by a Registrar under the provisions of section 10 of the Act shall be in Form 3 in the First Schedule.

 

5. Licence

Every special licence granted under the provisions of section 12 of the Act shall be in Form 4 in the First Schedule.

[Am by GN 316 of 1964.]

 

6. Marriage certificate

Every marriage certificate shall be in either Form 5 or 6 in the First Schedule.

[Am by GN 199 of 1953.]

 

7. Marriage register

The marriage register book shall be in Form 7 in the First Schedule.

 

8. Affidavit

The affidavit for the satisfaction of the Registrar under the provisions of section 10 of the Act shall be in Form 8 in the First Schedule.

 

9. Prescribed fees

   (1) The fees specified in the Second Schedule shall be paid for the several matters to which they are applicable:

Provided that the Minister or an authorised officer, on account of the poverty of the parties or for any other reason he deems adequate, may reduce the amount of any such fees or remit them altogether, or, if they have been paid, direct the refund of the whole or any part thereof.

   (2) For the purposes of this rule, "authorised officer" means–

      (a)   the Registrar-General;

      (b)   any Resident Secretary;

      (c)   the Permanent Secretary, Ministry of Local Government.

[Am by GN 144 of 1926; 316 of 1964; SI 282 of 1967.]

FIRST SCHEDULE

PRESCRIBED FORMS

FORM 1

[Rule 2]

NOTICE OF MARRIAGE

To the Registrar of Marriage for the ........................ District of Zambia.

I hereby give you notice that a marriage is intended to be had within three months from the date hereof between me, the undersigned, and the other party herein named.

 

Names and Surnames 

Condition 

Occupation, Rank or Profession 

Age 

Dwelling or Place of Abode 

Consent (if any) and by whom given 

 

 

 

 

 

 

Witness my hand this ....................day of ................ 20 ......

.................................(Signature)

FORM 2

[Rule 3]

FORM OF ATTESTATION

Signed by the said ........................................ at ................... on the ....................day of...................................... 20...... this Notice (or Consent) having been first read over to him (her) [or read over and truly interpreted to him (her) in the ................................language] by.....................................

He (she) seemed to understand the same and made his (her) mark thereto in my presence.

................................... (Signature)

FORM 3

[Rule 4]

REGISTRAR'S CERTIFICATE

I,............................................................... , Registrar of Marriages for the ......... District of Zambia, do hereby certify that on the.................................day of ............................. 20......., Notice was duly entered in the Marriage Notice Book of this District, of the marriage intended between the parties herein named and described, such Notice being delivered under the hand of one of the parties, that is to say:

 

Names 

Condition 

Occupation, Rank or Profession 

Age 

Consent 

Dwelling 

Length of Residence 

 

 

 

 

 

 

 

Date of Notice entered ............................. 20.....

Date of Certificate given ......................... 20......

No Caveat has been entered against the issue of this Certificate (or a Caveat was entered against the issue of this Certificate   on the day .................................. of ........................... 20......., but it has been cancelled).

Witness my hand this .......................day of ..................... 20..................

....................................................(Signature)

Registrar of Marriages

....................................................District

This Certificate will be void unless the marriage is solemnised on or before the ..................... day of ........................ 20……..

....................................................(Signature)

FORM 4

[Rule 5]

REPUBLIC OF ZAMBIA SPECIAL LICENCE

WHEREAS desire to intermarry, and sufficient cause has been shown to me why the preliminaries required by the Marriage Act should be dispensed with;

NOW THEREFORE, in pursuance of the said Act, I do dispense with the giving of Notice and the issue of the Certificate thereby prescribed, and do hereby authorise any Registrar of Marriages or minister appointed to solemnise marriages under section 5 of the said Act to solemnise a marriage between the said .................at ...........within .............. days from the date hereof.

Such marriage may be solemnised by a Registrar of Marriages or by a minister appointed to solemnise marriages as above mentioned between the hours of 8 o'clock in the forenoon and 6 o'clock in the afternoon.

Given under my hand at ..................................... this ................... day of ................. 19.......

...........................................................................................................

Minister of Local Government/Authorised Officer

[Am by GN 316 of 1964.]

FORM 5

[Rule 6]

REPUBLIC OF ZAMBIA

Marriage celebrated in the ..................... at ..........................in Zambia.

CERTIFICATE OF MARRIAGE

Under the provisions of the Marriage Act.

 

 

No. 

When Married 

Names and Surnames 

Full Age or Minor 

Condition 

Rank or Profession 

Residence at time of Marriage 

Father's Name and surname 

Occupation, Rank or Profession of Father 

No....
Date .........,
20..... 

 

 

 

 

 

 

 

 

 

Name of Husband .................................................................................................................

Name of Wife ........................................................................................................................

Witnesses ............................................................................................................................

Married at ....................by .................... (Signature) .............................................................

Minister (or Registrar)

 

This marriage was celebrated between us 

...................... 

in the presence of us 

...................... 

Witnesses 

...................... 

......................

[Am by SI 72 of 1964.]

FORM 6

[Rule 6]

REPUBLIC OF ZAMBIA

Marriage celebrated in the ...................at ................... in Zambia.

CERTIFICATE OF MARRIAGE

Under the provisions of the Marriage Act.

 

No. 

Date 

Full Name 

Full Age or Minor 

Condition 

Rank or Profession 

Residence at time of Marriage 

Father's full Name 

Occupation, Rank or Profession of Father 

 

 

 

 

 

 

 

 

 

Witnesses (Full names)

Married at ....................by

...........................................(Signature)

Minister (or Registrar)

This marriage was celebrated between us:

 

(Signatures) 

 

in the presence of us .....................
(Signatures)....................... 

Witnesses 

 

[Am by SI 72 of 1964.]

FORM 7

[Rule 7]

MARRIAGE REGISTER

 

When and where Married 

Names and Surnames 

Whether Full Age or Minor 

Condition 

Occupation 

Residence 

Father's Name and Occupation       

Entered this ...................... day of .................. 20....

...................................................................(Signature)

Registrar-General

______________________

FORM 8

[Rule 8]

AFFIDAVIT

[Section 10(1)]

I ............................................................................................................. make oath and say:

1. That I have been a resident of .............................................................................. District

within Zambia since .............................................................................................................

Witness my hand this .......................day of ..................... 20......

.........................................................................(Signature)

Registrar of Marriages

................................................................................District

NOTE. – This Certificate will be void unless the marriage is solemnised on or before the ..................... day of ........................ 20.......

.........................................................................(Signature)

____________________________

2. That I myself am not less than twenty-one years old. Or That I being under the age of twenty-one years the written consent of my lawful guardian has been obtained and is attached hereto marked "A". Or That I being under the age of twenty-one years am a widower (widow).

3. That ..................................................... is not less than twenty-one years old.

Or That    being under the age of twenty-one years the consent in writing of the lawful guardian of the said...................has been obtained and is attached hereto marked "B". Or That ......................................................................... being under the age of twenty-one years is a widower (widow).

4. That we are not related to one another within the prohibited degrees of kindred or affinity.

5. That both myself and ....................................................................................... are above
the age of sixteen years. Or that ................................................................................. being
below the age of sixteen years the consent to the marriage of a Judge of the High Court has been obtained in accordance with section 33 of the Marriage Act and is attached hereto marked "C".

6. That my attention has been drawn to section 33 of the Marriage Act as endorsed hereon.

7. That there is no other lawful hindrance to our intended marriage.

..........................................................

(Deponent's Signature)

Sworn before me at ................................................. this .............................................. day of ........................................ 20.......

..........................................................

Registrar

NOTE 1. Insert name of intended spouse in paragraphs 3 and 5.

NOTE 2. Should either or both of the parties to an intended marriage be under 21 years of age and not be a widower or widow the consent in writing of the father must be obtained-if alive, of sound mind and within Zambia-and attached to this affidavit. If the father be dead or be of unsound mind or not be within Zambia, then the mother; if she be dead, etc., then the guardian; or if no guardian is resident and capable, then the Minister of Local Government, a Judge of the High Court, or a District Secretary.

NOTE 3. See section 33MARRIAGE ACT33. (1) A marriage between persons either of whom is under the age of sixteen years shall be void:Provided that this section shall not apply when a Judge of the High Court has, on application being made, and on being satisfied that in the particular circumstances of the case it is not contrary to the public interest, given his consent to the marriage. (2) Nothing in this section shall affect any marriage already solemnised or contracted before the 20th May, 1949.')">* of the Marriage Act printed on the back of this form.

[Am by GN 189 of 1949, 316 of 1964; SI 72 of 1964.]

SECOND SCHEDULE

[Rule 9]

PRESCRIBED FEES

 

 

 

Fee Units 

Special licence 

28 

Search fee 

14 

Alteration of Register 

Affidavit in support of an application for a registrar’s certificate 

14 

Marriage certificate 

28

[Second Sch subs by reg 2 of SI 98 of 1996.]{/mprestriction}