Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part III · Marriage
20. Proceedings if caveat entered
Feedback & supportIf a caveat is entered in accordance with section 19 the
Registrar shall not issue a certificate for the marriage against which the caveat has been entered unless—
Registrar
“Registrar” means a Registrar of Marriages appointed under this Act and includes the Registrar General, an Assistant Registrar General, a Superintendent Registrar, a Deputy Registrar and an Assistant Registrar of Marriages;
after enquiring into the matter of the said objection, he is satisfied that it ought not to prevent the issue of such certificate for the marriage; or
the caveat is withdrawn by the person who entered it:
Law Reform (Marriage and Divorce)
21
Provided that in cases of doubt it shall be lawful for the Registrar to refer the matter of any such caveat to the High Court which shall decide upon the same.
Where the Registrar has refused to issue the certificate for marriage the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the grant of the certificate for marriage.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
The High Court may require proof of the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.
The proceeding under this section shall be before a Judge in chambers.
There shall be no appeal from a decision of a Judge under this section.
If a caveat is entered in accordance with section 19, then, notwithstanding section 18, no fresh notice need be given and the parties may lawfully marry within three months from the date on which the Registrar issues the certificate for marriage.
If the High Court declares the grounds of objections to be frivolous and such as ought not to prevent the issue of the certificate for marriage the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit or action by the party against whose marriage such caveat was entered.
Licence