Tuvalu Island Courts Bench Book - Federal Court of Australia

2 Marriage
The law on Marriage is found in the Marriage Act (Cap 29). This Act provides for:
• the restrictions on marriage; and
• steps parties must take before, during, and after the marriage has taken place.
The Marriage Act (Cap 29) also gives the Island Court the specific power to authorise a marriage
between two persons if they wish to marry at short notice. In this case, the Island Court grants a
special license.
Prior to giving a special license, you should be aware of the restrictions on marriage.
2.1 Restrictions on Marriage
There are several restrictions placed on marriage which are set out in Part II of the Marriage Act
(Cap 29). It is important for you to know what the restrictions are and you should refuse any
application which breaches these restrictions, or the marriage may be declared void.
Marriage within prohibited degrees
Two people cannot marry if they are second cousins or more closely related. Schedule 1 of the
Marriage Act (Cap 29) sets out which persons a man or woman cannot marry.
Any marriage that takes place within a prohibited degree is void, and will be annulled.
This can be a problem where islands are small, and families share relatives in common.
Age restrictions
No person under 16 years shall marry. If a marriage is solemnised between persons, one or both
of whom are under 16, the marriage shall be void: s5 Marriage Act (Cap 29).
When either party to an intended marriage is under 21 years, the written consent of the natural
father is necessary, unless the young person is a widow or a widower: s7(1) Marriage Act (Cap
29).
If the father is dead, of unsound mind or overseas, the written consent of the mother is required.
If both the father and mother are dead, are of unsound mind or absent, the guardian of the person
under 21 is required: s7(1) Marriage Act (Cap 29).
Tuvalu Island Courts Bench Book June 2004