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Civil marriage, which is governed by Sections 24 to 42 of the Marriage Act, is officiated by the Registrar of Marriages.
Dear Eric,
We reconciled with my husband after being divorced for eight years. We want to do a civil wedding to formalise our new marriage. What’s the legal process of doing this?
Dear reconciled partner,
In Kenya, the regulation of all marriages falls under the purview of the Marriage Act of 2014, which operates in accordance with the Constitution. As delineated in Section 3 of the Marriage Act and Article 45, Clause (2) of the Constitution, every adult possesses the right to marry an individual of the opposite sex.
Before thoroughly examining civil marriage, it is imperative to distinguish between legal separation and divorce. This discourse presupposes that you and your spouse have undergone the divorce process as outlined in Sections 63 to 75 of the Marriage Act.
These sections outline the standards and procedures for dissolving various types of marriage, including Christian, Islamic, civil, Hindu, and customary unions. The dissolution of a marriage is formally concluded upon the issuance of a decree absolute by the family court.
In instances where a couple reconciles with the intent to remarry following a prior divorce, the law categorises them as a bachelor and a spinster. This classification remains applicable irrespective of whether their previous marital relationship was with each other or with other partners.
Civil marriage, which is governed by Sections 24 to 42 of the Marriage Act, is officiated by the Registrar of Marriages. When a couple decides to marry, they are required to submit a written notice, signed by both parties, to the registrar at least 21 days before the wedding date and no more than three months in advance. The initial step is to publicly declare their intention to marry.
The notice must contain the names and ages of both parties, their usual places of residence, and the names and ordinary residences of their parents, assuming they are known and alive. Furthermore, the notice must include a declaration affirming that the parties are not involved in a prohibited relationship, such as scenarios involving incest or underage individuals.
Moreover, each party is required to provide their current marital status. In cases where one or both parties are divorced, a copy of the divorce decree must be attached. In the event of the death of a spouse, relevant documentation, such as a death certificate and the original marriage certificate, must be provided.
The notice should also specify the date and location of the ceremony. This notice serves to allow the public—friends, colleagues, and family members—to voice any objections to the proposed union. Such objections may relate to various issues, including bigamy or concerns regarding prohibited relationships. The registrar is mandated, as stipulated in Section 28, to address any objections within a seven-day timeframe.
Under certain circumstances, couples may experience a legitimate urgency to marry, such as when both partners are scheduled to travel abroad or when one partner wishes to formalise their union expediently.
In such situations, they may apply for a special license, which expedites the civil marriage process. The special license still necessitates the same documentation required for a standard marriage license, though the processing time is significantly reduced.
A distinguishing characteristic of civil marriage is its monogamous nature. This aspect may contribute to the rationale for inviting public objections to the marriage at the office of the Attorney General, as civil marriages are entirely regulated by statutory law. Commonly referred to as secular marriages, such unions do not involve religious elements for their legal validation. Although the legality of civil marriages is acknowledged across various religious contexts, the legitimacy of the union ultimately rests on the mutual commitment of the husband and wife who constitute it.
