REGISTRATION OF MARRIAGES ACT (CHAPTER 124)

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REGISTRATION OF MARRIAGES ACT (CHAPTER 124)

LAWS OF BRUNEI

CHAPTER 124

REGISTRATION OF MARRIAGES ACT

9 of 1961

1984 Ed. Cap. 124

Amended by

S 22/92

S 12/00

REVISED EDITION 2002

(15th July 2002)

LAWS OF BRUNEI

REVISED EDITION 2002

CHAPTER 124

REGISTRATION OF MARRIAGES ACT

Section

ARRANGEMENT OF SECTIONS

1. Citation.

2. Appointment of Registrar General and of Registrars ofMarriages.

3. Register and Registrar’s Note-Book.

4. Registration of marriages solemnised or contracted withinBrunei

Darussalam.

5. Registration of marriages solemnised or contracted outsideBrunei

Darussalam.

6. Registration of one spouse.

7. Copies of registration to be delivered to spouses.

8. Parties and witnesses bound to speak the truth.

9. Powers of Registrar.

10. Refusal or postponement of registration.

11. Validity of a marriage not affected by registration ornon-registration.

12. Search for and certified copy of entry in marriage registers.

13. Amendment of registers.

14. Offences and penalties.

15. Marriage solemnised or contracted in Brunei Darussalam after commencement of this Act must be registered within 3 months.

16. Registrars to be public servants.

17. Rules.

18. Dissolution of marriages.

FIRST SCHEDULE — FORM OF REGISTER SECONDSCHEDULE — DECLARATION FOR THE

REGISTRATION OF A MARRIAGE

________________________

REGISTRATION OF MARRIAGES ACT

An Act to provide for the registration of marriages

Commencement: 1st January 1962

Citation.

1. This Act may be cited as the Registration of Marriages Act.

Appointment of Registrar General and Registrars of Marriages.

2. (1) His Majesty the Sultan and Yang Di-Pertuan in Council mayappoint any public officer to be Registrar General of Marriages for the purposesof this Act and the said Registrar General shall have general charge andsupervision of all registers of marriages and other books kept under this Act,and all Registrars of Marriages shall be subject to his directions for thepurposes of this Act.

(2) His Majesty may appoint so many public officers, by name or by office,as he thinks fit to be Registrars of Marriages for Brunei Darussalam or for sucharea as may be specified in the appointment or to be and to act as the Deputy ofany such Registrar when such Registrar is absent from Brunei Darussalam, or hisarea, or is ill or when his office is temporarily vacant, and in this Act“Registrar” includes a Deputy Registrar.

Register and Registrar’s Note-Book.

3. Every Registrar appointed under this Act shall keep a register inthe form in the First Schedule to this Act, and he shall enter therein full particulars of all marriages registered by him and he shall alsokeep a book to be called the Registrar’s Note-Book in which he shallrecord in his own hand all proceedings in respect of the registration of anymarriage and all evidence taken by him in any such proceedings under thisAct.

Registration of marriages solemnised or contracted within Brunei

Darussalam.

4. (1) Any marriage solemnised or contracted within Brunei

Darussalam, other than a marriage one of the parties to which professedat

the time of such marriage the religion of Islam or the Christian religion,may be registered if —

(a) the parties to such marriage shall appear before the Registrarand shall produce to the Registrar such evidence either oral ordocumentary as may satisfy the Registrar that such marriage took place:

Provided always that evidence of cohabitation and repute that they have livedtogether as man and wife may suffice so to satisfy the Registrar; and

(b) the parties shall fill in and subscribe a declaration in theform in the Second Schedule to this Act in the presence of theRegistrar and shall answer such questions as the Registrar may think fit to putto them for the purpose of explaining or substantiating the statements made inthe said declaration:

Provided that the Registrar may vary the said form in any case in which theparties profess no religion or are married otherwise than by a ceremony; and

(c) the parents or one of the parents, or, if both the parents aredead or if neither of the parents is within Brunei Darussalam, the naturalguardian of a husband or wife who is under the age of 18 years at the date oftheir appearance before the Registrar as aforesaid shall appear before theRegistrar upon or before the registration of such marriage and declare on oaththat he, she or they have consented to such marriage:

Provided that if the Registrar is satisfied that in all the circumstances of the case it is proper so to do he may dispense with theconsent of any parent or guardian; and

(d) the prescribed fees are paid.

(2) The Registrar shall register a marriage by entering the particularsthereof in the register.

Registration of marriages solemnised or contracted outside Brunei

Darussalam.

5. (1) Any marriage solemnised or contracted outside Brunei Darussalam, other than a marriage both parties to which professed at thetime of such marriage the religion of Islam may be registered if —

[S 12/00]

Provided always that evidence of cohabitation and repute that they have lived together as man and wife may suffice to satisfy the Registrar;and

Provided that the Registrar may vary the said form in any case in which theparties profess no religion or are married otherwise than by a ceremony; and

(c) the prescribed fees are paid.

(2) The Registrar shall register a marriage by entering the particularsthereof in the register.

Registration of one spouse.

6. Notwithstanding anything to the contrary contained in sections 4and

5, a Registrar may dispense with the appearance of one of the parties to amarriage if he is satisfied that there exists good and sufficient reason for theabsence of that party and in such case the form in the Second Schedule to thisAct shall be amended appropriately and shall include a statement of the reasonfor the absence of the other party.

Copies of registration to be delivered to spouses.

7. (1) Upon the registration of a marriage in accordance with the provisions of section 4 or 5 a certified copy of the entry in theregister signed by the Registrar shall be delivered or sent to the husband andanother copy to the wife and a certified copy of the entry in the register shallbe sent, within such period as may be prescribed, to the Registrar General ofMarriages and such certified copies shall constitute the register of marriagesof the Registrar General.

(2) If the particulars contained in a certified copy of the entry in theregister in respect of any marriage, upon being forwarded to the RegistrarGeneral of Marriages in accordance with the provisions of subsection (1), appearto the said Registrar General to be identical with those of a marriage the registration of which has been cancelled in accordance with theprovisions of this Act, he shall return the said certified copy to the Registrarby whom it was sent together with particulars of the marriage the registrationof which has been cancelled and the said Registrar shall thereupon call upon theparties to show cause why the registration of the said marriage should not becancelled and if the parties fail to show cause the Registrar shall cancel theregistration of the said marriage.

Parties and witnesses bound to speak the truth.

8. (1) Every declaration made under the provisions of section 4 or 5shall be sworn or affirmed in such manner as the Registrar shall think proper byall persons who subscribed the same, and every person who givesevidence before the Registrar shall also be bound to answer truthfully allquestions put to him by the Registrar under the provisions of section 4 or 5 ofthis Act.

(2) Any person who wilfully makes a false statement in any such declarationor who gives any evidence in any enquiry under this Act which he knows to beuntrue, or who does any other act, which if done in a judicial proceeding wouldbe punishable under Chapter XI of the Penal Code

(Chapter 22), shall be punishable on conviction as provided in that chapterin the same way as if the act had been done in or in relation to a judicialproceeding.

Powers of Registrar.

9. For the purposes of this Act every Registrar appointed under thisAct shall have all the powers of a magistrate for the summoning and examinationof witnesses and the administration of oaths and affirmations.

Refusal or postponement of registration.

10. (1) If the Registrar is not satisfied of the truth of anystatement made to him he may refuse to register the marriage or if he requiresevidence with regard to any particulars required to be registered he may postpone registration and he may call for any further evidence that he thinks necessary:

Provided that the Registrar shall record in the Registrar’s Note-Bookhis reasons for any such refusal or postponement.

(2) If the Registrar has reason to believe on the evidence of any personthat a marriage between the parties is prohibited by the institutions of thereligion professed by either party, or if both profess the same religion by theinstitutions of that religion, or by the law or custom having the force of lawapplicable to either party he shall refuse to register the marriage.

(3) In any case in which the parties profess different religions the

Registrar may, if he thinks proper, refuse to register the marriage.

(4) The Registrar shall not register any marriage unless one of the partiesthereto is ordinarily resident within Brunei Darussalam.

(5) There shall be no appeal from the cancellation by a Registrar of theregistration of a marriage or from the refusal of a Registrar to register amarriage, but such refusal shall not debar the same or another Registrar fromregistering it if subsequently satisfied that the grounds for his refusal toregister either did not exist or have since been removed.

Validity of a marriage not affected by registration ornon-registration.

11. Neither the registration of nor the omission to register anymarriage shall affect the validity of the marriage nor shall any error in theparticulars recorded nor any omission to record any particular which ought tohave been recorded affect the validity of the registration of the marriage.

Search for and certified copy of entry in marriage registers.

12. (1) The Registrar General and every Registrar shall causeindices to be made of the registers of marriages kept by them, and any personupon application to the Registrar General or a Registrar, and upon payment ofthe prescribed fee, shall be entitled to have a search made in the marriageregister and the index thereof, and to have a certified copy of any entry insuch marriage register.

(2) Every certified copy of any entry in a register of marriages, if suchcopy purports to be signed by any person entrusted under this Act, shall bereceived for all purposes and in all courts as evidence of the marriage to whichit relates without further proof of such register or of any entry therein or ofsuch signature, but not of the validity of such marriage; but a court may, inthe absence of any evidence to the contrary, presume any marriage so registeredto have been valid and the onus of proving that there was no such valid marriageshall be on the person alleging the same.

Amendment of registers.

13. (1) Any Registrar having custody of a register in which amarriage has been registered in accordance with the provisions of this Act may,on application in the prescribed manner and on payment of the prescribed fee byeither spouse, amend the register by the correction of any error in the particulars contained therein; and where an entry in the register is so amended a certified copy of the amended entry in the register signed bythe Registrar shall be delivered or sent to the husband and another copy to thewife and a certified copy of the amended entry in the register shall be sent,within such period as may be prescribed, to the Registrar General ofMarriages.

(2) The Attorney General may apply to the Court of a Magistrate to cancelthe registration of any marriage in such manner as may be provided by rules madeunder this Act and the Court shall send a copy of the order made in every suchapplication to the Registrar by whom such marriage was registered and to theRegistrar General of Marriages and the register shall be amended by cancellingthe registration of such marriage if the Court so orders.

(3) Where is it declared by a court of competent jurisdiction that amarriage registered in accordance with the provisions of this Act is invalid andthe court so orders, a copy of the said order shall be sent to the Registrar bywhom such marriage was registered and to the Registrar General of

Marriages and the register shall be amended by cancelling the registration ofsuch marriage.

(4) Any person, whether or not a party to the proceedings, who is aggrievedby any decision of a court under subsection (2) or (3), may appeal to the HighCourt or to the Court of Appeal, as the case may be, and from the High Court tothe Court of Appeal, in such manner as may be provided by any written law inforce in Brunei Darussalam relating to appeals.

Offences and penalties.

14. (1) (a) Any person who induces any woman or female childto appear with him or with some other person before a Registrar and to declareor acknowledge that she is married to him or to such other person shall, if heknows at the time that she is not so lawfully married according to theinstitutions of the religion she professes, or if she is under the age of 18years of the religion professed by her parents or natural guardians or by thelaw or custom having the force of law applicable to the parties or either ofthem or knows or has reason to believe that such woman or female child has ahusband living from whom she has not been lawfully divorced according to theinstitutions of the religion professed by her at the time of such formermarriage, or if she was then under the age of 18 years of the religion professedby her parents or natural guardians or by the law or custom having the force oflaw applicable to the parties or either of them, unless by the institutions ofsuch religion or by the law or custom having the force of law applicable to himhe is permitted to have more than one wife at any one time, be guilty of anoffence and shall be liable to imprisonment for 7 years.

(b) The court before whom any person is convicted of anoffence in contravention of paragraph (a) of this subsection shall orderthe cancellation of the registration of the said marriage and shall transmit acopy of such order to the Registrar by whom such marriage was registered and tothe Registrar General of Marriages and the register shall be amended by cancelling the registration of such marriage.

(2) Any male person who, having a wife living and being debarred according to the institutions of the religion he professes or which he professedat the time of his marriage to such wife or by the law or custom having theforce of law applicable to the parties or either of them from having more thanone wife at a time, procures or attempts to procure the

registration under this Act of a marriage between himself and any other womanor female child shall, subject to the exceptions contained in section

494 of the Penal Code (Chapter 22), be liable to the same penalty as if hehad committed an offence punishable under that section.

(3) Any person who forges any entry in any register kept or any certifiedcopy of any entry therein given under the provisions of this Act or whofraudulently or dishonestly uses as genuine any such certified copy which heknows or has reason to believe to be forged shall be punishable on conviction with the penalty provided in section 466 of the Penal Code

(Chapter 22) for offences punishable under that section or under section471

of the Penal Code, as the case may be.

Marriage solemnised or contracted in Brunei Darussalam aftercommencement of this Act must be registered within 3 months.

15. No marriage which is solemnised or contracted within Brunei Darussalam after the coming into force of this Act shall be registered inaccordance with the provisions of this Act unless such marriage is soregistered within 3 months of the date upon which it was solemnised orcontracted:

Provided that a Registrar may, notwithstanding the provisions of thissection, register such a marriage more than 3 months after the said date if heis satisfied that it was not registered within the said period for goodcause.

Registrars to be public servants.

16. Every Registrar appointed under this Act shall be deemed to be apublic servant within the meaning of the Penal Code (Chapter 22).

Rules.

17. His Majesty the Sultan and Yang Di-Pertuan in Council may makerules for the purposes of this Act, and without prejudice to the generality ofthe foregoing, may in particular make rules for —

(a) prescribing the fees to be charged under this Act;

(b) prescribing the manner in which the Registrars shallexercise the powers conferred on them by this Act;

(c) providing for the safe custody of all Registers and Registrar’s Note-Books kept under this Act and all declarations madefor the purposes of this Act; and

(d) generally for carrying out the purposes of this Act.

Dissolution of marriages. [S 22/92]

18. (1) The High Court shall, subject to the provisions of thissection, have the same jurisdiction in matrimonial proceedings, in relation to a marriage, which —

(a) is between parties, neither of whom at the date of thepetition is of the Muslim faith; and

(b) has been registered under section 4 or 5,

as if it were a civil marriage registered as such under the Marriage Act

(Chapter 76).

(2) For the purpose of subsection (1) a marriage registered under section 4or 5 of this Act shall be deemed to be a monogamous marriage.

(3) The High Court shall have jurisdiction under this section if, at thedate of the petition, either party to the marriage —

(a) had a substantial connection with Brunei Darussalam; or

(b) had been ordinarily resident within Brunei Darussalam for atleast 12 months immediately preceding the petition.

FIRST SCHEDULE

(section 3)

FORM OF REGISTER

_____________________________________________________________ Entry No........................ Marriage contracted on the .................. at...............

_____________________________________________________________ Husband Wife

Name in full.....................................................................................................Age at date of marriage....................................................................................Place of Birth...................................................................................................Religion............................................................................................................Marital status....................................................................................................Father’s name in full........................................................................................

_____________________________________________________________Contracted according to the rites, ceremonies, customs or usages of

........................................... in the presence of..................................................

_____________________________________________________________Registered by me this ......................... day of ................... 20 , upon the application of ..................... now residing at................... and .......................... now residing at............................................ the parties married, supportedby

the evidence of ...................................

........................................................ Registrar ofMarriages

SECOND SCHEDULE

(sections 4, 5 and 7)

BRUNEI DARUSSALAM

REGISTRATION OF MARRIAGES ACT, CHAPTER 124

DECLARATION FOR THE REGISTRATION OF A MARRIAGE

We, the undersigned, do each of us severally, solemnly, and sincerely declarethat a marriage was solemnised (or contracted) between us, namely

(husband) ............................................ son of................................................., and (wife)......................................... daughter of..........................................., at ..................... in......................... on the .................. day of...................... in the year ..........................................,in accordance with the institutions of the

............................ religion (or with the law or custom having theforce of law applicable to each of us) and that we believe that there was at thetime of such marriage no lawful impediment thereto and that the same was and isa lawful marriage according to the institutions of the religion professed byus

(or the law or custom having the force of law applicable to each of us):

And we do each of us severally, solemnly, and sincerely declare that wehave/have not made previous application in accordance with the provisions of anywritten law relating to the registration of marriages at any time in force in Brunei Darussalam or any part thereof in respect of the saidmarriage:

SECOND SCHEDULE — (continued)

And we do each of us severally make this solemn declaration conscientiously believing the same to be true and by virtue of theprovisions of the Statutory Declarations Act (Chapter 12).

Subscribed and solemnly declared by the above-named...............................

............................... and .......................... at............................................. in Brunei Darussalam this...................................... day of ......................... 20 .

Before me,

[Signature of husband and wife]

Registrar of Marriages

Interpreted by me and signed in my presence.

Interpreter

NOTE: If any previous application has been made for registration of the samemarriage, full particulars thereof must be given.

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