Marriage in Guernsey
SUMMARY OF THE LEGAL FORMALITIES
1. Summary
- A Certificate or Licence must be obtained to marry in the Office of the Superintendent Registrar or in a non-Anglican Church.
- Notice must be given to the Registrar General in person not more than 3 months before the date of marriage.
- Full birth certificates and, if applicable, documentary proof of freedom to marry (divorce papers, spouses death certificate) must be produced.
- Persons under 18 years of age must produce written consent from parents/guardian.
- The party giving notice must have been residing in Guernsey for at least 7 days (1 month for a Special Licence).
- Non-Guernsey residents must provide a certificate from their local Registrar confirming they are free to marry or, if not available, some other documentary proof of their status.
- If both parties are United Kingdom nationals only one needs to give notice in Guernsey. The other can give notice to their local Registrar.
- Non-British nationals should seek advice from their consul as to legality in their home country and, if appropriate, apply for emigration entry clearance.
- Parties to the marriage must ensure that two witnesses over the age of 18 must attend the ceremony.
1. General
The solemnization of marriages in the Island of Guernsey - other than by clergy of the Church of England - may take place only on authority of a Licence, a Special Licence, or a Certificate of the Registrar General.
2. Notice of Marriage and Prior Reservation of Date and Time of Marriage
One of the parties desiring to be married is required to give Notice of Marriage, in person, to the Registrar-General at the Greffe, Royal Court, House, St. Peter Port, Guernsey. Formal notice cannot be given more than three months prior to the date of marriage, but the parties could contact the office of the Registrar-General at the Greffe as soon as possible after they decide to be married, so that they can be advised on the form of notice most appropriate to their circumstances, and (in the case of a marriage to be performed by a Registrar) so that a provisional date and time can be reserved. One of the parties must then attend at the Greffe to give formal notice of Marriage, when that reservation will be confirmed.
3. Notice of Marriage - Information Required
When giving Notice of Marriage the following particulars are required in respect of each of the parties:-
(i) Surname and Christian Names(s).It will also be necessary for each party to provide a full birth certificate.
(ii) Age.
(iii) Marital status.
(iv) Rank, state or profession.
(v) Residence.
(vi) Length of residence.
(vii) Name and profession of father.The Notice of Marriage also includes a solemn declaration, which must be signed by the declarant, that there is no legal impediment, of either kindred or alliance, to the proposed marriage.
4. The conditions which need to be satisfied before the Registrar- General may issue a Certificate, Licence, or Special Licence are set out in paragraphs 5-10.
5. General Conditions
(i) Where one of the parties - not being a widow, widower or a divorced person - is a minor who on the day of marriage will not have attained the age of eighteen years, the Register-General will normally require the consent of both parents, or the legal guardian, before authorising the marriage. In exceptional circumstances the Registrar-General is empowered to dispense with the consent of any person whose consent would otherwise be required.
Note: The form of consent is required to be signed by the person giving his or her consent in the presence of the Registrar-General, or his Deputy, or, if outside Guernsey, in the presence of a Notary Public or a Commissioner of Oaths.
(ii) Unless authorised by a Special Licence the marriage may be solemnized only between 8.00 am and 3.00 pm.
(iii) Where one of the parties is a divorced person, a complete sealed or certified copy of the Final Order or Decree Absolute must be produced at the time of giving notice.
(iv) A Notice of Marriage ceases to be valid after three calender months from the date of giving notice.
6. Residential Status - Former Guernsey Residents
A person who, although no longer resident in the Island, has at any time been resident in Guernsey or Sark for a continuous period of not less than ten years, may be regarded as resident for the purposes of giving Notice of Marriage. Further details may be obtained from the Registrar-General.
7. Marriages by Certificate
(see also paragraphs 11 and 12)(i) The party giving Notice must have resided in Guernsey for at least seven days immediately preceding the day on which Notice of Marriage is given.
Note: A Guernsey student undergoing full time education in the United Kingdom and a member of the Armed Forces who was resident in Guernsey at the time of enlistment, whose home is ordinarily in Guernsey, are normally accepted as being resident in the Island.
(ii) Twenty-one clear days from the day of giving Notice must elapse before the Certificate authorising the marriage to be solemnized may be issued.
(A copy of all Notices of Marriage to be authorised by Certificate is exhibited in the Office of the Registrar-General for twenty-one days.
(iii) The Marriage my be solemnized either at the office of the Registrar-General, St. James Assembly Hall or in a place of worship licensed for that purpose by the Royal Court.
8. Marriage by Licence
(i) The party giving Notice must have resided in Guernsey for at least seven days immediately preceding the day on which Notice or Marriage is given.
(ii) Seven clear days from the day of giving Notice must elapse before the Licence authorising the marriage to be solemnized may be issued.
(iii) The Marriage may be solemnized either at the offices of the Registrar-General, St. James Assembly Hall or in a place of worship licensed for that purpose by the Royal Court.
9. Marriage by Special Licence
(i) The party giving Notice must have resided in Guernsey for at least one month immediately preceding the day on which Notice is given.
(ii) One clear day, other than a Saturday or a Sunday, must elapse from the day of giving Notice before the Special Licence may be issued.
(iii) The Marriage may be solemnized either at the office of the Registrar-General, St. James Assembly Hall, in a place of worship licensed for that purpose by the Royal Court, or in a private house at the discretion of the Registrar-General.
10. Marriage by Special Licence (sick or disabled person)
When one of the party is sick or disabled and confined to a hospital or nursing home, a Special Licence may be granted to enable the marriage to take place in the institution where he or she is resident. A medical certificate must be supplied, confirming that he or she is unable too attend at the Greffe by reason of ill-health.
The requirements as to residence in Guernsey and period of notice apply as set out in paragraphs 9(i) and (ii) above.
Full details may be obtained from the Registrar-General.
11. Person Not Ordinarily Resident in Guernsey
Wherever possible a party who is not ordinarily resident in Guernsey should provide a certificate of no impediment confirming that he or she is free to marry the other party. Application for such certificate should be made to the Registrar in the district where that party ordinarily resided.
This applies to all parties not ordinarily resident in Guernsey, whether or not they are able to satisfy the minimum residence requirements set out in paragraphs 7, 8 and 9.
It should however be noted that the Registrars in England and Wales are not generally empowered to issue certificates of no impediment for a marriage to take place in Guernsey, and persons from those countries should provide any other documentation that may be available to them indicating their marital status. (See however paragraph 12 for the procedure when one party is resident in the United Kingdom and the other party is resident in Guernsey).
12. One of the Parties Resident in the United Kingdom
If both persons are British subjects, it is possible by virtue of the Marriage of British subjects (Facilities) Act, 1915, for either party, if resident in the United Kingdom, to give Notice of Marriage to the Superintendent-Registrar of the district in which he or she resides and for the other party, who would need to be resident in Guernsey at least seven days before the day on which Notice of Marriage is given, to give Notice in Guernsey. This form of Notice can be authorised only by the Registrar-General's certificate for which Notice of twenty-one clear days is required (see paragraph 7).
13. Persons who are non-residents and who are required to establish residential status as provided in paragraphs 7 and 8 are advised to report at the office of the Registrar-General on arrival in the Island.
Marriage by Licence (see paragraph 8) is usually most convenient for non-residents. Under this the parties may either stay for 8 days to establish residence, given Notice of Marriage on the 8th day and return for the marriage within three months or stay for 16 days giving Notice on the 8th day and being married on the 16th day following their initial arrival.
14. Marriage at the Office of the Registrar-General at The Greffe, Royal Court House, or at St. James Assembly Hall
Parties to a marriage must ensure that a minimum of two witnesses, both of whom must be over the age of eighteen years, attend the ceremony. The marriage room at The Greffe will accommodate approximately fifteen persons, and parties are requested to bear this in mind when issuing invitations to attend. As an alternative to the Greffe, St. James Assembly Hall has been licensed for civil marriages, full details of charges and facilities can be obtained from St. James at (0481) 711360. Parties wishing to be married at St. James must give notice at The Greffe in the same way as for any other marriage.
15. Note to Foreigners and Aliens
The Registrar-General advises that all parties giving Notice of marriage between persons other than British subjects that there may be laws in their own country which, if not observed, would render the marriage null and void in that country. In this connection the advice of the Consul or Consular Agent for that country should be sought. In addition, non-British citizens travelling to Guernsey for the purpose of marriage may well require the issue of an Immigration Entry Clearance prior to travelling from abroad. Therefore, such persons are advised to make contact with the Chief Officer of Customs and Immigration, Immigration and Nationality Department, White Rock, St. Peter Port, Guernsey, Tel: (01481) 726911, Fax: (01481) 712248. It should also be noted that marriage does not, in itself, guarantee the right to remain in the United Kingdom and Islands.16. Translation of Documents in a Foreign Language
Any documents provided in a foreign language must be accompanied by a certified translation in English, of the entire text of the original document. Translations of part only of the original document, for example of an order of divorce, cannot be accepted.
Further information may be obtained from the Registrar-General at The Greffe, Royal Court House, St. Peter Port, Guernsey, GY1 2PB Tel: (01481) 725277, Fax: (01481) 715097.
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