What is Marriage?

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  1. WHAT IS MARRIAGE?
  • Marriage means a marriage solemnised under the Marriage Act 1963
  • WHAT IS MARRIAGE REGISTRATION?
  • It is an official recording of a marriage event that has taken place between a man and a woman to recognize them as husband and wife.
  • WHY IS IT IMPORTANT TO REGISTER A MARRIAGE?

To have official/legal recognition of the marriage that protects and secures couples and their family benefits and obligations.

  • Legal purposes
  • Legal proof of document (marriage Certificate)
  • Travelling purposes
  • Inheritance
  • Entitlements
  • Social security
  • Protection
  • Nationality
  • Planning & Budgeting purposes of the Government
  • Recognition of rights prescribed by law
  • Rewards of being a family (Husband / Wife)
  • WHAT ARE THE DIFFERENT TYPES OF MARRIAGES?
  1. CUSTOMARY: Both parties of bride and bridegroom agree and exchange goods and money.
  2. CIVIL/STATE: The marriage is conducted by a registered celebrant or a Provincial Administrator under the Marriage Act.
  • OTHERS:
  • Bigamous – When a person remarries without dissolving his/her previous marriage. (criminal offence)
  • Polyandry – One woman with many husbands.
  • Polygamy – One man with many wives.
  • De factor – Just living together
  • Gay /Lesbian – Male to male or female to female relationship (not recognize by Laws of PNG)

 

  • WHAT IS THE MARRIAGE AGE?

 

  • Male – 18 years
  • Female – 16 years

Refer to Marriage Act Part III for more information.

  • WHAT ARE THE REQUIREMENTS TO REGISTER A CIVIL MARRIAGE?
  • Birth Certificate
  • Death Certificate if widow or widower
  • Divorced:
  • Dissolution order from the National Court if previous marriage was registered.
  • District or village court order if customary marriage.
  • Decree Nisei (court order) if foreigner.
  • Consent if minor.
  • Foreigner:
  • Letter of single status from High Commission, Embassy or CRO from their country of origin.
  • Birth Certificate
  • Copy of Passport/visa/work permit * Has to be residing in the country more than two years.
  • Confirmation letter from employer
  • Disciplinary Forces

If one of the couple is a member of the disciplinary forces (defence, Police or CIS), he or she needs to get a referral letter from the chaplain or immediate sectional head/commander to show that:

  • The chaplain is not available to perform the marriage.
  • The groom/bride is legally free.

 

  • WHAT ARE THE PROCEDURES & PROCESSES IN REGISTERING OR SOLEMNIZING A CIVIL MARRIAGE?

 

  • Complete the Notice (form) of intended marriage.
  • Search done.
  • Fees paid or show receipt.
  • Attach all necessary documents or all the requirements have to be met depending on the situation.
  • Couple attend counselling/interview by the celebrant, if approved the couple are given 7 days’ notice to come back for the marriage to be officiated together with one witness each for the bride and groom.
  • When the marriage is solemnized by the celebrant, a marriage ceremony certificate is issued with the signature of the witnesses’ bride/groom and the celebrant.
  • Marriage is registered.
  • Notice of intended marriage with attached documents is filed away.

 

  1. WHAT ARE THE USES & BENEFITS OF A MARRIAGE CERTIFICATE?

 

  • Identity /Nationality
  • Ownership Rights
  • Legal Purposes
  • Legal Proof of document (Marriage Certificate)
  • Travelling Purposes
  • Inheritance
  • Entitlements
  • Social Security
  • Protection
  • Housing Application
  • Opening a joint bank account
  • Recognition of rights prescribed by law

 

  1. WHAT IS DISSOLUTION OF A MARRIAGE?

 

  • Ending or cancelling a marriage through legal processes.

 

  • WHAT ARE THE PROCEDURES & PROCESSES OF DISSOLUTION OF A MARRIAGE?
  • Customary Marriage: The decision handed down either by the Village or District Courts/
  • Civil/State Marriage: The decision handed down by the National Court.

The dissolution orders that are sent to effect cancellation of marriage:

  • Memorandum of Decree Nisi – This decision is handed down for the marriage dissolution and the court gives a grace period of three (3) months for the couples to decide whether to come back or not.
  • Minimum is five (5) years for the dissolution of marriage upon the conviction document.
  • Certificate of Decree Nisi having become Absolute – This is the document that enables the registration officer (Civil Registry) to deregister the marriage.
  • If the same couple who divorced and want to remarry they have to go through the same processes at Civil Registry.

 

  • WHY PEOPLE FILE FOR A DIVORCE?

 

  • Violence
  • Discrimination
  • Adultery
  • Polygamy/Polyandry situations
  • Mentally/Physically unfit for normal living (Need more than one medical report from various physicians)
  • Influence from friends and family members