Tuvalu Island Courts Bench Book - Federal Court of Australia

2.3 The Special License Hearing
This hearing is open to the public. Anyone who has an objection to the marriage is free to state
his or her objections.
You should ask both parties to the intended marriage any questions, on oath, which will help you
determine whether you should issue a special license.
Once you are satisfied that all the conditions have been met, you can issue a marriage license.
Once the license has been issued, it is likely that the marriage service, whether it is civil or in a
Church, will take place on the same day.
2.4 Common Problems
Cases have arisen in the Island Courts where a special license has been given where:
• there has been a prohibited degree of relationship;
• one of the parties was married and had not been divorced;
• consents had not been given, either in writing or with the parent present;
• a parent was prevented from entering the Court by the Clerk during a sitting of the
matter.
It is up to the Court to ensure that all the conditions for a marriage by special license are met and
that the hearing is conducted in the proper manner.
3 Divorce
When a marriage relationship has broken down and the two parties feel that the marriage it is at
an end, either party may apply for a divorce.
The law and procedure for divorce is detailed in the Matrimonial Proceedings Act (Cap 21).
Tuvalu Island Courts Bench Book June 2004