Sir, - The following statement appears on page 2 of the leaflet, The Family Law Act, 1995, Changes in Irish Marriage. "The requirement to give three months notification of intended marriage is a substantive requirement for a valid marriage."
Four questions come to mind in relation to this statement:
(1) Would "substantive requirement not refer to such fundamental issues as consent, marital status, not being within forbidden degrees of affinity, etc., rather than to the processes to be followed?
(2) As there are cases on record where a defect in a licence, etc., has been regarded as insufficient grounds to regard a marriage as voidable, would it not seem that the inferred "invalidity" of a marriage in the statement quoted is beyond what a court might uphold?
(3) Is a change in procedure for registration of a marriage in the Family Law Act 1995 a sufficient manner in which to introduce a "substantive requirement for a valid marriage"? This raises a subsidiary question as to whether marriage can be redefined without constitutional change.
(4) As this leaflet is not the Act itself, the question can also be raised whether the Act regards a marriage without due notice as absolutely void, or does it regard it as voidable?
It would seem to be a matter of great concern that if the statement is taken at face value, the validity of a marriage would appear to hang on a procedure within which there is much room for error, leading to a very easy route to the ending of what in every other respect is a valid marriage.
Yours, etc.,
Bishop of Tuam.