Marriage Ordinance 1961

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3. Application of Ordinance
4. Registrar-General and Deputy Registrar-General
5. Registrars

7. Marriage of persons within prohibited degrees of relationship void
8. Validation of certain marriages already solemnised
9. Minimum age of marriage
10. Consent to marriage of minors
11. General provisions relating to consents
12. Marriages without marriage officer void
13. Marriages not to be void because of defects in procedure
14. Notice of marriage

15. Mode of Solemnisation
16. Marriage to be solemnised within 3 months of notice

17. Marriage registers
18. Particulars of marriage to be entered in register book
19. Marriage register to be forwarded to nearest Registrar when completed
20. Penalty for failing to register marriage
21. Marriage officer to comply with directions of Registrar-General with respect to registration

22. Correction of errors in register books or records
23. Search of records
24. Search of records of Registrar-General
25. Form of certified copy
26. Certified copies to be evidence
27. Records to be made of dissolution of marriages
28. Conviction of bigamy to be recorded
29. Offence to alter register book without authority
30. Offence to solemnise marriage contrary to provisions of this Ordinance
31. Offence to solemnise marriage falsely pretending to be marriage officer
32. Offences in connection with false statements and improper solemnisation of marriages
33. Offences generally
34. Regulations
35. Enactments ceasing to be part of law of Western Samoa, and savings
Schedules

For the legal capacity and status of married women see s. 360 of the Samoa Act 1921 (N.Z.), reprinted under the title Samoa Act.

See also the following provisions of the Crimes Ordinance 1961, reprinted under the title Crimes:

s. 14 (2) re compulsion of a married woman in respect of crime, s. 24 re conspiracy between husband and wife, s.26 (2) re accessories.

As to a husband's liability for his wife's torts, see s. 9 of the General Laws (No. 2) Ordinance 1932, reprinted under the title General Laws.

2. Interpretation - In this Ordinance, unless the context otherwise requires, -

"Deputy Registrar-General" means the person for the time being holding office as Deputy Registrar-General under the Births and Deaths Registration Ordinance 1961:

"Minister of religion" means a marriage officer licensed as such on the nomination or at the request of a religious body:

"Registrar-General" means the person for the time being holding office as Registrar-General under the Births and Deaths Registration Ordinance 1961.

"Court": A definition of this term was omitted by s. 139 of the Magistrates' Courts Act 1969.

3. Application of Ordinance - (1) The provisions of this Ordinance, so far as they relate to capacity to marry, shall apply to the marriage of any person domiciled in Western Samoa at the time of the marriage, whether the marriage is solemnised in Western Samoa or elsewhere.

(2) The provisions of this Ordinance, so far as they relate to the formalities of marriage, including the provisions relating to consents to the marriage of minors, shall apply to any marriage solemnised in Western Samoa, whether or not either of the parties to any such marriage is at the time of the marriage domiciled in Western Samoa.

4. Registrar-General and Deputy Registrar-General - (1) The Registrar-General shall be charged with the general administration of this Ordinance.

(2) The Deputy Registrar-General shall, under the control of the Registrar-General, have all the powers, duties, and functions of the Registrar-General.

(3) During a vacancy in the office of Registrar-General, or in the case of the absence from duty of the Registrar-General, the Deputy Registrar-General shall have all the powers, duties, and functions of the Registrar-General.

5. Registrars - Registrars of Births and Deaths appointed under the Births and Deaths Registration Ordinance 1961 shall be Registrars of Marriages under this Ordinance.

6. Appointment of marriage officers - (1) [The Head of State] may by warrant under his hand license as a marriage officer any Minister of religion or other person whom [the Head of State] believes to be a fit and proper person to be so licensed.

(2) Any such licence may at any time be revoked by [the Head of State] in like manner.

In subss. (1) and (2) the references to the Head of State were substituted for references to the Council of State by s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

7. Marriage of persons within prohibited degrees of relationship void - (1) Subject to the provisions of this section, a marriage which is forbidden by the provisions of the First Schedule to this Ordinance shall be void.

(2) Any persons who are not within the degrees of consanguinity but are within the degrees of affinity prohibited by the said Schedule may apply to the [Supreme] Court for its consent to their marriage, and the [Supreme] Court, if it is satisfied that neither party to the intended marriage has by his or her conduct caused or contributed to the cause of the termination of any previous marriage of the other party, may make an order dispensing with the prohibition contained in the First Schedule to this Ordinance so far as it relates to the parties to the application and, if such an order is made, that prohibition shall cease to apply to the parties.

(3) The Registrar of the [Supreme] Court where any order under this section is made shall send a copy in duplicate of the order to the Registrar-General.

(4) No marriage not forbidden by the provisions of the First Schedule to this Ordinance shall be void only on the ground of consanguinity or affinity.

In subss. (2) and (3) the word "Supreme" was inserted before the word "Court", wherever it appears, by s. 139 of the Magistrates' Courts Act 1969.

8. Validation of certain marriages already solemnised - All marriages solemnised before the commencement of this Ordinance that by virtue of section 7 of this Ordinance would have been valid and lawful if this Ordinance had been in force when they were solemnised shall be deemed to have been and to be valid and lawful, and the issue born of any such marriage (whether born before or after commencement of this Ordinance) shall be deemed to have been born in lawful wedlock:

Provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Ordinance lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage:

Provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Ordinance, or affect any proceedings commenced in any Court before the Commencement of this Ordinance, or any decree, order, or judgement made or given (whether before or after the commencement of this Ordinance) in any such proceedings.

9. Minimum age of marriage - A marriage officer shall not solemnise or record any marriage unless the husband is at least 18 years of age and the wife is at least 16 years of age, but no marriage shall be invalidated by a breach of the provisions of this section.

10. Consent to marriage of minors – (1) A marriage officer shall not solemnise or record the marriage of any man under the age of 21 years or of any woman under the age of 19 years without the consent of one of the parents or the guardian of such man or woman, if either of those parents or such guardian is alive and resident in Western Samoa.

(2) A [Magistrate] may in any case, if he thinks fit to do so, grant exemption from the requirements of this section.

(3) No marriage shall be invalidated by any breach of the provisions of this section.

In subs. (2) the word "Magistrate" was substituted for the words "Judge of the High Court" by s. 139 of the Magistrates' Courts Act 1969.

11. General provisions relating to consents – (1) Every consent under section 10 of this Ordinance shall be in writing witnessed by some person who shall add his occupation and address, and the consent shall be delivered to the marriage officer to whom notice of the intended marriage is given.

(2) Any such consent given may, by notice in writing signed by the person giving his consent, be withdrawn at any time before the marriage officer solemnises the marriage.

12. Marriages without marriage officer void - If any person knowingly and wilfully marry in Western Samoa in the absence of a marriage officer, the marriage shall be void.

13. Marriages not to be void because of defects in procedure - (1) Except as provided in section 7 or in section 12 of this Ordinance, no marriage shall be deemed to be void by reason of any error or defect in the notice or declaration required before solemnisation, or in the registration of the marriage when solemnised where the identity of the parties is not questioned, or on account of any other infringement of the provisions of this Ordinance.

(2) Nothing in this section shall exempt any marriage officer, Registrar, or other person who does anything contrary to the provisions of this Ordinance from any penalty for any offence under this Ordinance committed by any such person.

14. Notice of marriage - (1) A marriage officer shall not solemnise or record any marriage unless notice in writing of the intention of the parties to enter into such marriage has been given to the marriage officer by one of the parties thereto at least 10 clear days before the day of the marriage.

(2) On receipt of such notice the marriage officer shall publish the same in such manner and form as [the Head of State] may from time to time prescribe.

(3) On every such notice there shall be payable by the person giving the same such fee (if any) as may be prescribed, and all such fees shall be payable into the ... Treasury.

(4) At any time when regulations have been made requiring a declaration to be made that no restrictions on any marriage exist, no marriage officer shall solemnise or record any marriage unless such declaration has been made contemporaneously with or subsequently to the giving of notice.

(5) No marriage shall be invalidated solely by a breach of the requirements of this section.

In subs. (2) the reference to the Head of State was substituted for a reference to the Council of State by s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

In subs. (3) the word "Samoan" .has been omitted pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

15. Mode of solemnisation - (1) Every marriage in Western Samoa shall take place between the persons named in the notice given under this Ordinance, and shall, subject to the provisions of this Ordinance, be solemnised with open doors in such manner as the marriage officer thinks fit.

(2) Every such marriage shall be solemnised in the presence of a marriage officer and 2 or more witnesses.

16. Marriage to be solemnised within 3 months of notice - A marriage shall not be solemnised after the expiration of 3 months from the date of the notice of the intended marriage.

17. Marriage registers - (1) Every marriage officer shall keep for the purpose of recording marriages a book, supplied for the purpose by the Registrar-General, called "The Marriage Register Book".

(2) Any person having lawful custody of a register book shall keep the book safely, and any such person who negligently loses the book, or wilfully or negligently destroys or defaces any entry in the book, or wilfully or negligently allows any entry in the book to be destroyed or defaced while the book is in his custody, commits an offence and shall be liable on conviction to a fine not exceeding [$100].

18. Particulars of marriage to be entered in register book - (1) Every marriage officer who solemnises a marriage shall forthwith register the particulars of the marriage in the register book in the prescribed form.

(2) A copy of the particulars registered as aforesaid shall be entered on a loose leaf, and the marriage officer shall, within 10 days after the date of the solemnisation of the marriage, forward the copy to the Registrar-General.

(3) Every entry in the register book and every copy of any such entry made in accordance with this section shall be signed by the parties to the marriage to which it relates, by the marriage officer who solemnises the marriage, and by 2 witnesses to the marriage.

(4) If a marriage officer is called upon to solemnise a marriage and at the time no register book is available, he shall enter the particulars of the marriage on a blank form instead of in the register book and shall, as soon as practicable, affix the form in the register book and that form shall be deemed part of the register book.

(5) Where any copy of an entry made in accordance with this section is lost or mislaid the marriage officer shall, at the request of the Registrar-General, make and transmit to the Registrar-General a true copy, certified under the hand of the marriage officer, of the entry the copy of which has been lost or mislaid, and the copy transmitted as aforesaid shall be substituted by the Registrar-General for the copy lost or mislaid.

19. Marriage register to be forwarded to nearest Registrar when completed - (1) When all the forms in a marriage register book supplied to a marriage officer have been filled in, the marriage officer to whom the book was supplied shall, within 10 days, forward such book to the nearest Registrar.

(2) If the marriage officer is a Registrar he shall continue to keep the marriage register book used by him in his office.

20. Penalty for failing to register marriage - Any marriage officer who solemnises any marriage and who neglects to register the particulars of the marriage or to forward to the Registrar-General any document required to be so forwarded by this Part of this Ordinance commits an offence and shall be liable on conviction to a fine not exceeding [$40].

21. Marriage officer to comply with directions of Registrar-General with respect to registration - (1) Where any marriage officer has neglected to register the particulars of any marriage solemnised by him or to forward to the Registrar-General any document required to be so forwarded by this Part of this Ordinance the Registrar-General may direct the marriage officer to register the particulars or to forward the document.

(2) Any marriage officer who fails to comply with a direction of the Registrar-General under subsection (1) of this section commits an offence and shall be liable on conviction to a fine not exceeding $40.

22. Correction of errors in register books or records - (1) Any clerical error, or any error of fact or substance, or any omission in any register book or record may be corrected in the manner authorised by the Registrar-General.

(2) For the purpose of this section the Registrar-General may require to be produced a statutory declaration and such other evidence as he may deem necessary.

(3) Any person having custody of a register book shall, upon direction by the Registrar-General, make corrections of any errors or omissions in the register book.

(4) Except as provided by this section, no alteration shall be made in any entry in any register book or record after the entry has been completed.

23. Search of records - The Registrar-General and every Registrar who has in his custody any notice of marriage or any register book shall, upon the request of any person, cause a search of any such notice or register book to be made, and shall permit that person to inspect any such notice or entry in the register book and to have a copy of any such entry certified under the hand of the Registrar-General.

24. Search of records of Registrar-General - (1) The Registrar-General shall cause indexes of all records of marriages forwarded to him to be made and kept in his office and shall, upon the request of any person, cause a search of any index to be made, and shall permit any such person to inspect any copy of a marriage entry.

(2) The Registrar-General shall give a certified copy under his hand or seal to any person of any record of a marriage the particulars of which have been registered by him.

25. Form of certified copy - (1) Every certified copy of an entry in a register under this Ordinance shall be in the prescribed form, and any such form shall include only such particulars, and shall be used in such circumstances as shall be prescribed.

(2) Every such certified copy made in a prescribed form shall, if otherwise correct, be deemed to be a true copy of the original entry in the register, notwithstanding that the prescribed particulars do not include all the particulars in the original entry.

26. Certified copies to be evidence - (1) A certified copy of an entry in a register book purporting to be signed by the marriage officer who solemnised the marriage shall be received in any Court or before any person acting judicially as prima facie evidence of the solemnisation of the marriage to which it relates.

(2) A certified copy of any entry in any register of marriage kept by the Registrar-General shall, if it purports to be signed by the Registrar-General or stamped with his seal, be received in any Court or before any person acting judicially as prima facie evidence of the solemnisation of the marriage to which it relates.

27. Records to be made of dissolution of marriages-Upon the making of a decree absolute of dissolution of marriage or a decree of presumption of death and of dissolution of marriage or a decree of nullity of marriage in respect of any marriage solemnised in Western Samoa, the Registrar of the [Supreme] Court shall forthwith send to the Registrar-General a certificate in duplicate in the prescribed form of the decree.

The word "Supreme" was inserted before the word "Court" by s. 139 of the Magistrates' Courts' Act 1969.

28. Conviction of bigamy to be recorded - (1) Upon the conviction of any person for bigamy, the Registrar of the Court in which the conviction is entered shall send to the Registrar-General a certificate in duplicate of the conviction.

(2) The certificate shall specify the names of the parties to the form of marriage in respect of which the offence was committed, the date and place of the offence, and the date of the conviction.

29. Offence to alter register book without authority-Any person who without the authority of the Registrar-General makes any alteration in a register book, or any person having lawful custody of a register book who permits any such alteration, commits an offence and shall be liable on conviction to a fine not exceeding [$100].

30. Offence to solemnise marriage contrary to provisions of this Ordinance - Every marriage officer who knowingly and wilfully solemnises any marriage contrary to the provisions of this Ordinance, or where there is any other lawful impediment to the marriage, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding [$600].

31. Offence to solemnise marriage falsely pretending to be marriage officer - Every person who falsely pretends to be a marriage officer and solemnises any marriage, knowingly and wilfully so doing, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.

32. Offences in connection with false statements and improper solemnisation of marriages - Every person commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding [$400], who knowingly and wilfully-

(a) Makes or causes to be made any false declaration for the purposes of this Ordinance; or

(b) Makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Ordinance.

33. Offences generally - (1) Every person who fails to comply with or does any act in contravention of any of the provisions of this Ordinance commits an offence.

(2) Every person who commits an offence against this Ordinance for which no specific penalty is elsewhere provided shall be liable on conviction to a fine not exceeding [$20].

(3) No prosecution under this Ordinance shall be commenced after the expiration of 3 years from the date when the offence was committed.

34. Regulations - (1) [The Head of State, acting by and with the advice of Cabinet], may from time to time make regulations for any purpose for which regulations are contemplated or required by this Ordinance, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Ordinance and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1) of this section, it is hereby declared that regulations may be made under this section for all or any of the following purposes-

(b) Prescribing the form and contents of any declaration required as a condition of the solemnisation of any marriage and the persons by whom it is to be made:

(c) Prescribing the form of words to be used by the parties to any marriage and by the marriage officer in cases where the marriage officer solemnising the marriage is a Registrar or other person than a minister of religion:

(d) Prescribing any notices to be given or records to be transmitted by the Registrar-General to any Registrar, or by any Registrar to the Registrar-General:

(3) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session; and if not, to lay such regulations before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the reference to the Head of State acting by and with the advice of Cabinet was substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council by s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

35. Enactments ceasing to be part of law of Western Samoa, and savings - (1) As from the date of the coming into force of this Ordinance, the enactments specified in the Second Schedule to this Ordinance shall cease to be part of the law of Western Samoa.

(2) The ceasing by the operation of this Ordinance of any provision to be part of the law of Western Samoa shall not affect a document made or anything whatsoever done or regulations made under or relating to the provision so ceasing to be part of the law of Western Samoa, and every such document, thing, or regulation, so far as it is subsisting or in force at the time when such provision ceased to be part of the law of Western Samoa, shall continue and have effect as if it had been made or done under this Ordinance.

3. The foregoing provisions of this Schedule with respect to any relationship shall apply whether the relationship is by the whole blood or by the half blood and whether the relationship is legitimate or illegitimate.

4. In this Schedule, unless the context otherwise requires, the term "wife" means a former wife, whether she is alive or deceased, and whether her marriage was terminated by death or divorce or otherwise; and the term "husband" has a corresponding meaning.

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 18th day of May 1971

PURSUANT to the Marriage Ordinance 1961, the Head of State, acting by and with the advice of Cabinet, hereby makes the following regulations.

1. Title
2. Notice of marriage and declaration supplementary thereto
3. Marriage Register Book
4. Form of certified copy
5. Fees
6. Revocation
Schedules

These regulations were notified in the W.S. Gazette on 19 May 1971, Vol. VI, No. 2, p. 150

2. Notice of marriage and declaration supplementary thereto - (1) A party to an intended marriage giving notice thereof to a marriage officer pursuant to section 14 of the Marriage Ordinance 1961 (hereinafter referred to as the Ordinance) shall also make and give to him a declaration that no restriction on such marriage exists.

(2) Such declaration shall be made and given contemporaneously with the giving of the notice, or subsequently thereto before the marriage is solemnised.

(3) Such notice of intended marriage and such declaration shall be in form 1 set out in the First Schedule hereto.

3. Marriage Register Book - The Marriage Register Book referred to in sections 17, 18, and 19, of the Ordinance shall be in form 2 set out in the First Schedule hereto.

4. Form of certified copy - A certified copy of the record of a marriage the particulars of which have been registered by the Registrar-General, referred to in sections 24, 25 and 26 of the Ordinance, shall be in form 3 set out in the First Schedule hereto.

5. Fees - Fees shall be payable under the Ordinance as set out in the Second Schedule hereto.

To...................., Marriage Officer: ....................
Notice is hereby given that the undermentioned parties intend to marry at ........................... after the expiration of 10 clear days from the giving of this notice, on or after the .......................... day of ........ 19...

	Bridegroom	Bride
Name and surname
Age
Profession or occupation
Conjugal status (bachelor, spinster, widower, widow, or divorced)
If widower or widow, date of death of former wife or husband. If divorced, date of decree dissolving marriage
Birthplace
Usual residence(in full)
Name and surname of father
Profession or occupation of father
Name and surname of mother
Maiden surname of mother

.............................................
(Signature of party giving notice)

(2) That I believe that the intended marriage is not prohibited by section 7 of the Marriage Ordinance 1961;

(3) That the said ............being under the age of 21 years, and not having been previously married, the consents required by law to the intended marriage have been given;

(4) That the said ............being under the age of 19 years, and not having been previously married, the consents required by law to the intended marriage have been given; and

(5) That there is no other lawful restriction on or impediment to the intended marriage.

..................................................
(Signature of party making declaration)

Declared at ................ this ............day of ............19... before me:

Number
When married
Where married
Name and surname	Bridegroom	Bride
Age
Profession or occupation
Conjugal status (bachelor, spinster, widower, widow, or divorced)
If widower or widow, date of death of former wife or husband. If divorced, date of decree dissolving marriage
Birthplace
Usual residence(in full)
Name and surname of father
Profession or occupation of father
Name and surname of mother
Maiden surname of mother

This marriage was solemnised) ...................................................................................
between us .......................) Signature of Bridegroom Signature of Bride
.....................................) ...............................................................
In the presence of us .............) Signature of witness Usual residence (in full)
......................................) ...............................................................
......................................) Signature of witness Usual residence (in full)
Married by me ....................) ...............................................................
.....................................) Signature of Marriage Officer

Number
When married
Where married
Name and surname	Bridegroom	Bride
Age
Profession or occupation
Conjugal status (bachelor, spinster, widower, widow, or divorced)
Birthplace
Usual residence(in full)
Name and surname of father
Profession or occupation of father
Name and surname of mother
Maiden surname of mother

This marriage was solemnised) ...............................................................
between us.......................) Signature of Bridegroom Signature of Bride
In the presence of us............) Signature of witness Usual residence (in full)
....................................) ................................................................
....................................)
....................................) Signature of witness Usual residence (in full)
....................................) ...............................................................
Married by me..................) ...............................................................
....................................) Signature of Marriage Officer

Certified to be a true copy of the above particulars included in a marriage entry in the records of the Registrar-General's Office.

Given under the hand and seal of the Registrar-General at Apia this day of ................ 19...

(b) Sealing any such order .................................................................. 5.00

(b) Sealing any such order .................................................................. 1.00

1. Notice of intended marriage .................................................................... No fee

2. Registration of particulars of every marriage under section 18 of the Ordinance ........ $3.00

3. Search fee (for each marriage) under section 23 of the Ordinance ................................... 0.50

4. Verification of any marriage under section 24 (1) of the Ordinance ................................ 0.50

5. Every certified copy of any entry in the records ............................................................... 0.50

6. Affixing the seal of the Registrar-General to any document not specially provided for .. 0.50

NOTE: The fee payable under item No. 2 is to be taken by the Marriage Officer and forwarded together with the copy of the entry to the Registrar-General's Office.

Consolidated Acts of Samoa 1996

Marriage Ordinance 1961