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Am I legally married?

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  • 05-08-2023 4:37pm
    #1
    cuddlepunk
    Registered Users Posts: 55 ✭✭


    Hi, I got married in a roman Catholic church in 1995. One of the witnesses were only 15 at the time the other was 18 am I still legally married? Thank you in advance for any replies.



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    #2
    Victor
    Registered Users Posts: 78,278 ✭✭✭✭Victor


    Probably. I presume there are about 100 other people who could sign in their place? If there are major life issues - divorce, parenting, death, inheritance, Lotto win - it might be worthwhile talking to a solicitor.

    I knew someone who found out after 25-30 years that the priest hadn't been submitting the paperwork.



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    #3
    Allinall
    Registered Users Posts: 6,560 ✭✭✭Allinall


    Do you want to be married?

    If so, just get it sorted, which at worst will mean doing a registry office job, with the correct witnesses etc.

    If you don’t want to be married, then that’s a whole different kettle of fish.

    Solicitor required.



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    #4
    Jim_Hodge
    Registered Users Posts: 10,484 ✭✭✭✭Jim_Hodge


    Witnesses must be over 18. That said, if the marriage was subsequently registered, I believe, it's legal.



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    #5
    Peregrinus
    Registered Users Posts: 26,113 ✭✭✭✭Peregrinus


    In what country were you married?

    The law in Ireland is that a marriage must not be solemnised unless "two persons professing to be 18 years or over are present as witnesses". There is no express requirement that they should actually be over 18; just that they should say they are. And it's likely that the paperwork that they signed does contain a statement that they are over 18.

    It's also possible that, while either the best man or the bridesmaid may have been only 15, some other adult who was present may have served as the witness for legal purposes. If you get a copy of your marriage certificate, it will name the two witnesses, so you could check that.

    https://www.boards.ie/discussion/comment/120950164#Comment_120950164

    Actually, no. While many of the formalities of marriage are by law "substantive requirements", meaning that if you don't comply with them your marriage is not valid, the obligation to sign and return the marriage registration form to the registrar after the ceremony is not a substantive requirement, so failure to do it doesn't mean the marriage is invalid. Conversely, signing and returning the marriage registration form when the substantive requirements of marriage haven't been complied with — e.g., if there has been no marriage ceremony — does not create a legally valid marriage.

    Post edited by Peregrinus on


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