Tuvalu Island Courts Bench Book - Federal Court of Australia

The Registrar-General may dispense with the consent if:
• there is no mother, father or parental guardian; and
• he or she has made an inquiry into whether the marriage is a proper one: s7(1)(a)
Marriage Act (Cap 29).
If consent is refused by those whose consent is required, the Registrar-General may dispense
with consent if the refusal is unreasonable and if it is in the best interests of the party wanting to
get married: s7(1)(b) Marriage Act (Cap 29).
Marriage of person already married
No marriage can take place between persons who are already validly married. If such a marriage
takes place it shall be void: s6 Marriage Act (Cap 29). This may also be a criminal offence,
known as bigamy.
2.2 Granting a Special License for Marriage
Notice must be given by one of the parties to the Registrar, 21 days prior to the Registrar issuing
a certificate for marriage: s8 Marriage Act (Cap 29). In many cases, marriage takes place on
short notice with the couple often deciding to marry within 24 to 48 hours. In these cases, a
special license must be granted by the Island Court. Most marriages in Tuvalu occur through the
grant of a special license.
The Island Court shall only grant such license where it is satisfied that:
• there is no reason in law why it should not take place:
Are they related to a prohibited degree?
Are they lawfully married?
• necessary consents have been obtained:
If either of the parties are under 21 years, has the father consented;
If nothing is in writing, notify the father, or mother to attend Court before making a
decision;
Note that if the father agrees but the mother does not, there is nothing that the mother
can do;
• the Secretary to Government has been informed by telegram of the application; and
• granting the application is reasonable in all the circumstances: s11(2) Marriage Act (Cap
29).
If these four conditions have been satisfied, the special license may be granted. The minutes of
the Court hearing must record and deal with all the conditions for marriage.
Tuvalu Island Courts Bench Book June 2004